Voorhees Township, NJ asked in Real Estate Law for New Jersey

Q: Payment agreement for community/lake maintenance 'allegedly' present on original deed ~1950s no longer present.

Limitations on deed agreements no present on current deed. No present HOA or similar contract. No inclusion of payment agreement on current issued deed.

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2 Lawyer Answers
Morris Leo Greb
Morris Leo Greb
Answered
  • Rockaway, NJ
  • Licensed in New Jersey

A: Unless the obligation was deleted by a recorded instrument, the rights to collect belongs to the successors in title.

Peter J. Weinman agrees with this answer

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • STATEN ISLAND, NY
  • Licensed in New Jersey

A: Why "allegedly?" Are you the grantee on the "current" deed? As attorney Greb has pointed out, obligations/restrictions like this are said to "run with the land" and continue to burden successors in interest. The only way this could come as a surprise is if you were unrepresented by an attorney and you did not purchase title insurance.. or else you purchased title insurance but had no attorney interpreting the report. We need more information about why you're asking so we can better tailor an answer.

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