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New Jersey Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Land Use & Zoning and Municipal Law for New Jersey on
Q: Neighbor & asphalt co improperly "fixed" cracked asphalt, caused massive flooding on my property incl into basement

I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as... View More

Leonard R. Boyer
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answered on Aug 1, 2023

You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology,... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for New Jersey on
Q: Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three propertie

Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will... View More

Leonard R. Boyer
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answered on Jul 31, 2023

This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and... View More

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: survey shows our property on top of a municipality street I cannot find a dedication or easement. Who owns that area

The municipal tax map shows a paper street that conflicts with my survey also has incorrect property lines along the street and other portions of our property. How can the township acquire our property with no record of transfer. I cannot find a dedication, easement or Right of way. Nothing shows... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 11, 2023

If the road were to be vacated, it would be divided between the properties that abut it. If you have a title insurance policy, call the title company to discuss the problem. If you have a survey, speak to the municipal engineer.

1 Answer | Asked in Environmental and Land Use & Zoning for New Jersey on
Q: Are these certain requirements that s town must fulfill before putting up a four way stop sign in New Jersey? L

This is a soon to be four way stop intersecting with a dead end. Traffic will soon back up to blocking my garage not to mention the pollution and noise that will be generated. They took down a tree and will greatly affect my quality of life. I don’t believe they conducted traffic studies... View More

Morris Leo Greb
Morris Leo Greb
answered on May 12, 2023

The steps necessary for matters involving street signage are governed by NJDOT. What can be done is determined by the street classification.

1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for New Jersey on
Q: Zonning issue

I bought my house 6 years ago in Mount Laurel with a wood fence in place for over 30 years. I replaced the fence 2 years ago and just gotten a letter from township that the fence is on the township property. What rights do I have?

Morris Leo Greb
Morris Leo Greb
answered on Apr 11, 2023

You have one option. You can file an application with the Township for permission to keep the fencde where it is located with the proviso that should the municipality need to remove same for safety or emergency reasons, you would not be charged for the cost and you would be able to replace the... View More

3 Answers | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can a township take a private business which also is owner of the building away using eminent domain?

The business had been brought up to code and is a very busy working business AKA bar and grill.

Morris Leo Greb
Morris Leo Greb
answered on Mar 12, 2023

Much more information is required before a cogent answer can be given. Generally, government agencies have the power of eminent domain. However, very strict procedures must e followed and the property owner must be paid for the property taken.

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1 Answer | Asked in Agricultural Law and Land Use & Zoning for New Jersey on
Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken

coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop.... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 21, 2023

A ZBOA member may not enter a person's property without permission, The applicant may have given permission as part of the application process. You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure.

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Got letter from zoning board of adjustment for a variation of from the requirements of the zoning ordinance. Can I lose

My home?

Morris Leo Greb
Morris Leo Greb
answered on Feb 13, 2023

Based upon your question, I am assuming that you are not the applicant but own property within 200 feet of the property for which an variance application has been filed. This being so, you will not lose your home although you may be dissatisfied with the nature of the relief being sought. Check... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: I own 2 lots in NJ that are accessed only by a paper road there is no other access and the town won’t repair the road

The town refuses to repair road and won’t let me repair the road

The road is basically impassable and I can’t access my lots

Said road is listed on the tax maps as an

“Unimproved road”

I have no desire to merge the lots

The road is roughly 1 mile... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 30, 2022

You have raised several important questions which require more factual information as follows:

1) Possible merger of the lots

2) Confirmation that paper road is shown on a filed map

3) Cost of installing a road conforming to municipal requirements

4) Prescriptive...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who owns/has rights to a paper street if the township has not developed it for more than 50 years? What rights do we hav

A builder has bought lots behind the two front abutting properties for residential development. The builder asked the two abutting property owners to vacate or sign his lawyer's legal paperwork ceding their portions of the paper street to him. The builder can access the property for... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 30, 2022

Anyone may improve the road subject to municipal requirements as the municipal 'owns' the right of way. If an application to vacate the private road, one half goes to each property that abuts the right of way. It would be worthwhile speaking to the municipal engineer to determine whether... View More

1 Answer | Asked in Land Use & Zoning and Civil Litigation for New Jersey on
Q: My neighbor had a roof put on their house by some contractor The shingles fell onto my car scratched it and puts dings

In it who does he report it to

Morris Leo Greb
Morris Leo Greb
answered on Nov 13, 2022

First take pictures of damage and, if possible pieces of what fell on car. Report damage to police department of your municipality, Get estimate to repair damages and notify your carrier. Then approach your neighbor and ask for neighbor for name and address of contractor. Write letter to both... View More

Q: Code Enforcement illegally entered and took photos on my property then issued me a summons for it?

I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission... View More

Morris Leo Greb
Morris Leo Greb
answered on Oct 11, 2022

Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can we have incinerating toilets and a grey water system instead of septic in Holland Township NJ. Thank you!

Recently purchased property in Holland Township New Jersey with a old, non working septic. We would like to replace it with a more environmentally friendly system because we are extremely close to a stream and have a high water table. We are hoping to put in new incinerating toilets and gray water... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 19, 2022

Call the municipal building inspector to discuss this issue.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Do I have legal right to claim (or purchase) the portion of a paper street that abuts my property on one side?

I recently purchased a home in Lower Twp. One side of the property abuts a paper street that is ~100 years old. The street begins between my property and my neighbor, is 40' wide, and 425' long with ~40% of it deemed wet land at the opposite end. This paper street essentially makes my... View More

Morris Leo Greb
Morris Leo Greb
answered on Apr 25, 2022

Your best solution is to approach the governing body of the municipality and ask that the street e vacated. Were this to be done, the property would be split in half and deeded to the appropriate property owners.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Can a town council person who also sits on the land-use board. Vote On each boards on a redevelopment plan?

New Jersey redevelopment plan, five members of the land-use board have recuse themselves two members of the town Council have recuse themselves… One member sits on both boards and is the deciding vote

Morris Leo Greb
Morris Leo Greb
answered on Mar 15, 2022

As long as the council member does not own property which is the subject matter of the hearing or property within 200 feet, the member may sit and vote on the application.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I’m going for variance with township to build bigger house than it’s allowed in that zone , -it is empty undersized LOT.

I’m going for variance with township to build bigger house than it’s allowed in that zone , -Mine is empty undersized LOT New construction .

As part of variance application process , When I sent a letter to my neighbor, if he’s interested in selling any Partial LOT or full LOT, he... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 5, 2022

Applying for a variance is a maze of difficlties. I would suggest that you retain the services of an attorney familiar with land use applications,

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I live in Paramus NJ - next door house is zoned as R100 - single family home It has been rented to 3 diff families

Ordinance borough clerk says its ok cos there are not more than 15 in the hse.

Owner paid for Residential resident Cert of Occupancy for tenants just recently.

Borough code says its ok - but why? This is not zoned as a Multi family only Single family

BTW they had to remove... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 17, 2022

If all rooms are accessible to all persons residing in the house and the house meets occupancy limits, the house conforms. If any part of the hose is accessible by only one tenant, then it is a multiple family. It then is illegal. The test is often to check if there are locks on the doors.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can neighbor claim abandonment of common driveway when the other neighbor is still paying property taxes
Morris Leo Greb
Morris Leo Greb
answered on Feb 13, 2022

There are two methods of obtaining a property right against the owner of real estate. They are a claim for adverse possession and a claim for a prescriptive easement. The success is making such a claim is highly dependent on factual considerations and compliance with statutory requirements and case... View More

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