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 
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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
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
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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
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?
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
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
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.
My home?
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
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
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... View More
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
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
In it who does he report it to
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
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
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.
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
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.
The business had been brought up to code and is a very busy working business AKA bar and grill.
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.
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
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.
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.
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.
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
answered on Jul 19, 2022
Call the municipal building inspector to discuss this issue.
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
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.
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
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.
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
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,
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
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.
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
My house I bought sits on 4 acres. The seller inherited the land from his grandparents. My next door neighbor is the previous owners brother who owns an identical lot to mine. Behind my property is a planted field with corn by the previous owners uncle. The guy I bought it from used to let his... View More
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answered on Jan 18, 2022
You need to retain an experienced local land use and zoning law. These are the type of cases, where you really need a politically connected attorney to accomplish anything. Good luck.
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