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New Jersey Real Estate Law Questions & Answers
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

1 Answer | Asked in Real Estate Law for New Jersey on
Q: should the unit owner be responsible for damage inside the unit that was caused by a clogged pipe inside a wall outside

between several floors.

Leonard R. Boyer
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answered on Jul 24, 2023

If you are in a condo or coop then they are liable. But if the unit owner deliberately clogged the pipe, then the unit owner could also be liable. In this type of case, I would personally sue all possible Defendants. With modern technology, you can be represented by any high-quality attorney in New... View More

2 Answers | Asked in Real Estate Law for New Jersey on
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.

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

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

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: A sheriff's eviction is scheduled for 7/15. Can I get an extension?

Technically, I'm a squatter vs. a tenet as I sold the house to a realty company. I simply need 1 week, 2 weeks at most to secure housing. I am a 62-year old woman on disability. I live well below poverty line and finding new home has been challenging. I have no intention of staying/squatting,... View More

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

Yes, you may ask the sheriff to postpone the sale.

2 Answers | Asked in Real Estate Law and Divorce for New Jersey on
Q: Can my ex say no one can move into the house when he isn’t paying even though he’s on the mortgage?

He moved out and I am in possession of the home but he’s still on the deed and mortgage. He only wants his half if I sell it or someone moves in. Can he legally demand half if I move someone in to help pay for the mortgage? I understand he gets half if I sell but if I need help paying and he... View More

Richard Diamond
Richard Diamond
answered on Jun 15, 2023

I dont think you will be surprised with my answer - it's impossible for any lawyer to give you credible advice based on the information provided.

You need to stop taking legal advice from your ex and you need to schedule a consultation with a lawyer to discuss your divorce matter and...
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2 Answers | Asked in Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: Is a power-of-attorney able to amend a LLC if they are not a member, including adding themselves as partner?

My late mother established a LLC, which owns two properties. Before my mother became incapacitated she appointed my sister as POA. During the probate of my mother’s estate it was discovered my sister was member of the LLC. I filed a complaint with the Court alleging my sister added herself as... View More

Richard Diamond
Richard Diamond
answered on Jun 12, 2023

You need to hire a lawyer. The type of questions being asked and the legal issues being presented to the court are not simple and involve specific type of proofs. In a court proceeding involving claims of self-dealing, fraud, etc, you are also not going to walk into a court room and talk with a... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Husband & Wife with her brother purchase a 2 family home in 1970. They pass. Her brother & son occupy home. Home dispute

Her Son has parent's 2/3 ownership. Son found out 2019, Uncle reported Notice of Settlement in county record without Son's knowledge. What can the Son do

Morris Leo Greb
Morris Leo Greb
answered on Jun 9, 2023

In order to respond to this question more information is required. Was the property owned as joint tenants or tenants in common, did the husband and wife die testate or intestate, did the husband and wife convey their interest to the brother?

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Fence contractor has “not responsible for sprinkler damage” in accepted estimate, then damage’s neighbors. Who’s liable?

Fence contractor has “we are not responsible for any irrigation damage if any” in accepted estimate. Upon installation damage’s neighbors sprinkler line. Advised contractor both verbally and in writing that irrigation lines were in area and to take care. Who’s liable for the damage?

Morris Leo Greb
Morris Leo Greb
answered on Jun 8, 2023

Call and inform your home insurance company. Then call your attorney, If neighbors sprinkler system was on your property then the neighbor is responsible. If the damage to the sprinkler system is on neighbors' property then sprinkler installer is responsible.

2 Answers | Asked in Real Estate Law and Environmental for New Jersey on
Q: Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property.

Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property. Neighbor is assuming that these trees are dangerous and can fall any time soon and present nuisance. I got verbal consultation from tree professional NJ licensed arborists. All of them... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

Have the licensed arborists you consulted put into writing that the trees are healthy and do not present a danger. If you are contacted by the attorney, send that written opinion from the licensed arborists to the attorney and say you have no intention of removing healthy tall oak trees from your... View More

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1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

Leonard R. Boyer
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answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... View More

1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Q: Can my spouse change the structure of the deed to our co-owned home before or after we get divorced?

My spouse and I are co-owners on our house deed and we are in the process of getting a divorce. Can my spouse change the structure of our deed before or after we get a divorce from ‘Joint Tenants Rights of Survivorship’ to ‘Tenants in Common’ without my permission so that if he passed away... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 1, 2023

No

2 Answers | Asked in Real Estate Law for New Jersey on
Q: In N J can an HOA borrow from the Capital Reserve to pay insurance premiums?
Leonard R. Boyer
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answered on May 28, 2023

That will be dependent on the by-laws and what is allowed. There is no way to answer your question with so little information and with the most important document missing.

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1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Q: How do I remove my name from a mortgage if my spouse can’t or refuses to refinance and only he is on our house deed?

My yet-to-be-divorced spouse wants us to sign an agreement whereas he will pay me a sum of money to remove myself from our house deed. We would both remain on the mortgage but he would assume full payments for a year at which time he agreed to refinance to remove me from mortgage. What if after a... View More

Leonard R. Boyer
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answered on May 25, 2023

This is a very complex situation that would exceed what most attorneys will include in a free consultation. You really need to retain an attorney who is experienced in both matrimonial law and civil litigation, as well as mortgage foreclosure defense. There are too many moving parts to provide a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can other types of assets (i.e., equipment, other physical property) also be included in a residential lease?

Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... View More

Matthew Schutz
Matthew Schutz
answered on May 25, 2023

Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.

I would also include...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Federal lien prior to acquiring property

If someone has federal tax liens prior to acquiring another property then selling it. Are the prior ones attached or just while in Title?

Anthony M. Avery
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answered on Apr 19, 2023

If a purchaser has recorded FTLs in a certain County and buys land in that County, the FTL immediately encumbers the land. Each FTL should have the expiration date printed on its face. Such a buyer needs an attorney on how to proceed.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Federal lien prior to acquiring property
Morris Leo Greb
Morris Leo Greb
answered on Apr 19, 2023

While no question was asked. So as a general answer, the federal lien remains. The property is subject to that lien. The lien may be enforced against the property even though presently owned by a third party. If you were represented by an attorney, a property search should have been ordered which... View More

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