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New Jersey Real Estate Law 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

0 Answers | Asked in Real Estate Law for New Jersey on
Q: do you woek with private investigators on real estate scams 39 year old son trying to take my home

does not work, no car, no degree, no friends, in therapy

trashed first floor of home

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

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can deed restrictions from a past deed be enforced if they were not on the deed provided at closing?
Anthony M. Avery
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answered on Nov 13, 2023

Hire a NJ attorney to search the title. It sounds like there are covenants that run with the land even if they are not in a later deed conveyance.

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

Leonard R. Boyer
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answered on Nov 9, 2023

You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More

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1 Answer | Asked in Employment Law, Real Estate Law and Tax Law for New Jersey on
Q: Does this revised law under 12 UFC 531 apply only and solely to real estate or also employer to employees?
James L. Arrasmith
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answered on Nov 9, 2023

The reference to "12 UFC 531" seems to be incorrect or a typographical error. In the context of U.S. law, "UFC" typically does not pertain to legal statutes. It's possible you're referring to a section of the U.S. Code (U.S.C.), which is a compilation of federal... View More

3 Answers | Asked in Real Estate Law and International Law for New Jersey on
Q: My obligations regarding a piece of property in Italy I inherited after my mother passed?

I have one third of a third of a property in Italy. No appraisal has been done. My aunt who has a third requests money for taxes and maintenance which equates to hundreds of dollars on my end. I asked to be bought out of my obligation or sell the property but no movement in either case. She has... View More

James L. Arrasmith
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answered on Nov 7, 2023

As an owner, you have certain rights and responsibilities, including paying for taxes and maintenance. However, if you are interested in relinquishing your ownership or selling the property, the details of how this can be done are governed by Italian law. It's advisable to consult with an... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I reduce liability by leasing my property to an LLC, who would then sub-lease property?
Leonard R. Boyer
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answered on Oct 16, 2023

That is never going to work. A primary residence cannot be placed in an LLC. An LLC must have 3 members or more for it to be a valid legal entity. If you do not have an LLC custom-drafted by an experienced corporate attorney, it may not be worth the paper it is printed on. There must be a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My lease says i have to follow HOA rules but we were never given the rules. Should we have agreed to them at lease sign?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

No you should not have agreed to follow HOA rules without first receiving and reviewing them. When asked, I always caution clients to obtain and read extrinsic documents like HOA rules, T&Cs, addenda, etc. before signing any agreement incorporating those items because, once you sign it,... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for New Jersey on
Q: Fort Lee, NJ Coop building - active leaks from units above AC system, damage to our ceiling , Coop delays repair

NJ Coop building : For past 6 weeks and this problem existed a year ago, the AC system in apartment unit above us leaks. The water first dripped through AC unit , walls but now it seriously damaged ceiling, and continues to leak. Coop management & maintenance delays repair work, and their... View More

Leonard R. Boyer
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answered on Sep 10, 2023

You really need to retain an experienced civil litigation attorney and file suit against the coop board ,the President and possibly the unit owner above you. Many of these HOA, coop, and condo boards are either corrupt or engage in improper self-dealing. I routinely advise my clients to avoid... View More

1 Answer | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Contractor is refusing to submit the last pieces of paperwork to the county to obtain the CO, what is my next steps?

We hired a septic contractor April 22' - the matter at hand is that the contractor was pumping the old septic tank into the one, I called the county to advise if that was to code and they said it wasnt. The contractor got mad at me. At the end of everything they were trying to charge me $1000... View More

Leonard R. Boyer
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answered on Sep 10, 2023

Your only real solution is to retain an experienced civil litigation attorney. If a letter does not get the problem resolved, then you will need to engage in litigation. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is... View More

3 Answers | Asked in Real Estate Law for New Jersey on
Q: A new owner for a gas station behind me has surveyed the land and has declared that my shed and cement pad are on his

This was the house I grew up in and have taken it over from my deceased father. The fence has been in place for more than 30 years. There are only woods behind me. The station owner has stated he will push back the fence, cut the cement pad and run a fence directly against the back of the shed.... View More

Anthony M. Avery
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answered on Sep 6, 2023

Hire a NJ attorney to file suit for a Boundary Line Dispute. Hopefully an ascertainable boundary line has been acquiesced by the previous owners. Get your witnesses together as to the line. A survey may be necessary if you believe theirs is in error. Otherwise you rely on acquiescence. You... View More

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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

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