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New Jersey Real Estate Law Questions & Answers
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
PREMIUM
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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

4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Richard Diamond
Richard Diamond
answered on Apr 18, 2023

I would get a writing as quickly as possible from your daughter and her husband acknowledging that the real owner of the property is you and that title to the house was put in your daughter's name for convenience purposes for you.

The 2nd question ( which is also tied to the 1st...
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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

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Question regarding a one dollar property deed transfer and a life estate right on the same document

I have a deed where the grantor transferred property to grantee for 1$. In the same deed the second sentence is that the grantor conveys a Life Estate to the grantee for his natural life. The grantor later made a will and left the same property to the different person, and no taxes of any type... View More

Peter J. Weinman
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answered on Apr 11, 2023

You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,... View More

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3 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Is a notarized document signed by both parties legally binding in court?

Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... View More

Richard Diamond
Richard Diamond
answered on Mar 29, 2023

You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am disabled, 57 years old and a single female. I have been living in a 55 + condo for 20 yrs . About a year & 1/2

ago, my daughter and my 2 young grandchildren (ages 5-6) moved in with me due to domestic violence . She has a final restraining order. I have been taking care of them while my daughter worked.

I have a physical disability (spinal stenosis) and a traumatic brain injury from a serious... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 29, 2023

A summons is merely notice that a complaint has been filed with the Court. You failed to state if a complaint was annexed to the summons. If you are the owner, you must comply with the HOA documents. A complaint would mention what acts are in violation. So it is difficult to describe what you must... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Upon signing the lease the landlord knew we were getting VA rental assistance, he agreed to let us move in. And wait.

Then he was non compliant with the assistance requests and was not only marked as ineligible for further funding, we were approved but he is the reason he is not getting paid, so he filed eviction stating that agreement was not in the lease but there is a whole paper trail in emails of his... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 18, 2023

There is no self help in NJ by Landlords for residential property. So in order to evict you, he must comply strictly to the statutory requirements for eviction. If he does so, you will be able to present your side of the story to the Judge.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Do I need permission from the other joint tenant (both own 50%) to divide my half with my two sisters (each 16.6%)?

The property is in the Bronx and I am one of two joint tenants with 50% ownership each.

Morris Leo Greb
Morris Leo Greb
answered on Mar 15, 2023

Since the property is in the Bronx, it is subject to the property statutes and decisions of the Courts and State of NY. Therefore, you should consult with a member of the New York Bar.

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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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2 Answers | Asked in Civil Litigation, Real Estate Law and Probate for New Jersey on
Q: Can a POA add themselves as member to an existing LLC and joint owner to a bank account owned by the principal?

Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... View More

Leonard R. Boyer
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answered on Mar 12, 2023

You are going to need to meet with an experienced corporate and civil litigation attorney to have all the necessary documents reviewed and be provided with your options. You can expect to pay for an hour of attorney time to review all the documents and then make a decision. With modern technology,... View More

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3 Answers | Asked in Real Estate Law for New Jersey on
Q: I purchased a NJ condo, they made me pay a $2,500 membership fee. My HOA dues will be $2,070 per year, is this legal?
Peter J. Weinman
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answered on Mar 14, 2023

Yes, unfortunately, it's legal - and quite common - that a condominium collects an initial capital contribution from new buyers. Sometimes, it's based on a month or two's common charges, or it can be a flat rate - like $2,500 sounds. You said they "made you" pay that fee,... View More

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