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New Jersey Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for New Jersey on
Q: How can get a lawyer help me hand my property
0 Answers | Asked in Real Estate Law and Business Law for New Jersey on
Q: Can a seller stop the sale of their home if they change their mind and there is no proof of any escrow or earnest money.

Contract to sell with cash buyer who will not present evidence of escrow or, name of title company.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Dispute over co-owned home with a family member. Seeking advice on protecting financial investments, legal options

A friend is facing a dispute regarding a property jointly owned with a relative. The property was purchased with significant financial contributions from one party, who financed the entire purchase through two loans: a primary mortgage on the new property and a refinance of their original home. The... View More

Leonard R. Boyer
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answered on Oct 9, 2024

Your friend needs to retain an experienced civil litigation attorney who has handled this type of cases before. Although it may seem like an insurmountable problem, it is not. Your friend should be prepared to pay for 1 hour of attorney time to have this entire matter looked over. WHEN AN ATTORNEY... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: The executrix unwilling to divide proceeds equally

My mother’s will left her house, equally, to her 4 children. My sister, who is the executrix, took 3 years to sell the house, without our agreement and now wants to subtract the cost of maintaining the property during that time from our share of the proceeds. What can we do?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 5, 2024

More infomration is needed to properly answer your question so speak with a lawyer. Yes you can fight this, but you will have a hard time winning unless you can show that holding the house for that length of time was unreasonable under the circumstances. Obviously speak with a lawyer but remember... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are in the middle of an Assumption for my mother's estate. If we're denied, can we sell the house?
Leonard R. Boyer
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answered on Sep 18, 2024

You cannot assume a home mortgage and you cannot sell what you do not own. However, you need an experienced mortgage foreclosure defense and civil litigation attorney to represent your interests in this matter. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

2 Answers | Asked in Real Estate Law and Civil Rights for New Jersey on
Q: I have a few questions about riparian rights

I think I may have water rights. But I don’t understand how it is worded

Anthony M. Avery
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answered on Aug 9, 2024

You will need to hire a NJ attorney to search all relevant titles and explain the law.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My parents want to transfer their property and land to me. How can I get that done from the United States?

The property and land is in Puerto Rico. I live in the United States.

Anthony M. Avery
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answered on Aug 5, 2024

Hire a PR attorney. Start here on Justia.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: i want to consolidate 2 adjacent lots what type of deed to I use?

I own two adjoining lots both are standard lots however I want to consolidate them into one lot which will lower my property tax assessment

Anthony M. Avery
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answered on May 28, 2024

You could survey both lots into one parcel, then have a lawyer draft a legal description and deed for the entire parcel. But the grantor cannot just convey to himself as you would need another party or entity as the grantee. You do not state why you wish to do this, and I cannot see an... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How do I find an honest competent attorney to take on a very complex and nuanced real-estate case ?
Anthony M. Avery
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answered on May 13, 2024

Start calling the NJ attorneys here on Justia.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for New Jersey on
Q: son stole items from mom and dad after moms funeral how do you hande a case like this? no job, no car, no friends

ejection, trust, arrest?

hired lawyer to try and steal home

Richard Diamond
Richard Diamond
answered on May 3, 2024

I'm sorry but this is not the type of matter our firm handles. Either you need to contact a lawyer who handles estate litigation or civil litigation (where you are seeking damages as a result of his actions).

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: son stole moms laptop, cell phone, cross, keys, mass crads. crdit cards, debit cards, guest book the day of her funeral

no job, no car, no frigs, nds, in therapy, no degree, pays no room and board ever

he and lawyer conspiring to steal dads home and cash in

Anthony M. Avery
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answered on Apr 30, 2024

Hire a NJ attorney to sue Son for possession (or ejectment) and possibly for conversion. Legal advice from Justia will not help you actually protect your home.

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 for New Jersey on
Q: will a no traspassing sign prtevent squatters from taking over my house as their house. do I need a picture of the sign

do I need a posted sign also to prevent the above

Leonard R. Boyer
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answered on Mar 30, 2024

No sign alone is going to prevent squatters from taking or trying to take over your house. A properly secured house, with constant video monitoring, will help. If you have the budget and comply with local laws an armed security guard will make a big difference.

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Criminal Law and Real Estate Law for New Jersey on
Q: my 39 year old son is conspiring with a lawyer to defraud me....the lawyer has my son spying on me to get me out of my h

the 39 has sensors all over the home...he has no car, no job, no degree, no friends...he goes to therapy

they want to cash in the home and leave me on the street..how can i prosecute?

can i get an ejectment ? an iron clad trust? file for conspiracy and fraud?

Debra Kradjian Stephans
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answered on Apr 5, 2024

I am sorry to hear this. Are you the sole owner of the home? Does your son live with you as a tenant and stopped paying rent? If your son does not own the home and does not have any type of lease with you, you could seek to have him removed from your home. However, it is best to consult with an... View More

1 Answer | Asked in Family Law, Tax Law, Municipal Law and Real Estate Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

James L. Arrasmith
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answered on Feb 28, 2024

In Puerto Rico, property taxes are assessed by the Municipal Revenue Collections Center (CRIM). When a house on a piece of land isn't registered with CRIM, it can indeed lead to complications, including the potential for back taxes once the property is properly reported. Given that your... View More

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Land adjacent to my proprty was a paper St. for 40 years. Now a lot, and avail 4 sale. Shouldn’t it go to adjcnt owners?

Shouldn’t it have gone to the adjacent owners when the street idea was abandoned and not become a lot? What is the law for ownership of paper streets in NJ?

Matthew Schutz
Matthew Schutz
answered on Dec 4, 2023

There is not enough information to give you a definitive answer. There are two possibilities. If the right-of-way is an easement for the public road, then you have a claim. If the right-of-way for the road was sold to the municipality outright, then you do not. You would need to have the title... View More

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