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New Jersey Land Use & Zoning Questions & Answers
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 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 Civil Rights, Constitutional Law, Cannabis & Marijuana Law, Land Use & Zoning and Real Estate Law for New Jersey on
Q: How can I address First Amendment violations by local authorities in NJ?

I recently expressed my opposition to the legalization and use of pot in public and private settings in my town. After voicing my concerns, I received a letter and an email from the police chief and town attorney warning me not to oppose the use of pot, citing potential consequences. I oppose the... View More

James L. Arrasmith
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answered on Nov 10, 2025

Your opposition to local cannabis policy is core political speech; government officials cannot threaten you for it. Preserve the police chief’s letter and the town attorney’s email, along with envelopes, headers, and a written timeline of when you spoke and when you were warned. Do not delete... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Civil Litigation for New Jersey on
Q: Is it legal for builders to use my property in NJ without notice, and do I have recourse?

I live next to a housing project in New Jersey that recently started construction, causing significant issues. Ten years ago, we were informed about the plan for affordable housing but felt powerless to stop it. Recently, we've discovered that our sprinkler systems, flower beds, and even the... View More

Christopher Adkins
Christopher Adkins
answered on Nov 10, 2025

In New Jersey, builders and developers cannot legally use or alter your property—including building a lane, removing landscaping, or installing utilities—without your permission or an easement. If they’re entering or using your land without written consent, it may constitute trespass or... View More

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1 Answer | Asked in Land Use & Zoning, Admiralty / Maritime and Real Estate Law for New Jersey on
Q: Can I park my boat on my commercial property in NJ?

I own a commercial parking space in New Jersey where I have been parking my boat. However, an inspector recently informed me that the boat needs to be moved. What legal restrictions or considerations might be applicable in this situation, given that the space is on my property?

James L. Arrasmith
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answered on Sep 27, 2025

Even though you own the commercial property, local zoning laws and land use regulations can restrict how you use the space. Many towns in New Jersey regulate what types of vehicles or equipment can be parked on commercial lots, especially if the property is zoned for business use rather than... View More

1 Answer | Asked in Business Law, Construction Law, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can NJ condo association construct & sell new units on site of old tennis courts?

In New Jersey, can our condo non-profit association consider the construction of new units for sale on the site where our old tennis courts are located? Due to mismanagement in the past, we lost a one million dollar lawsuit, which depleted our reserve. We're looking to put the proceeds from... View More

James L. Arrasmith
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answered on Sep 2, 2025

In New Jersey, a condo association can consider constructing and selling new units, but the process involves strict legal and procedural steps. Because common elements like tennis courts are shared property, they cannot simply be repurposed without following the requirements in your Master Deed and... View More

1 Answer | Asked in Business Law, Real Estate Law and Land Use & Zoning for New Jersey on
Q: Can NJ condo non-profit build new units for sale to replenish reserves or reduce HOA fees?

In New Jersey, our condo non-profit association is considering the construction of new units for sale on the site where our old tennis courts are located. Due to mismanagement in the past, we lost a one million dollar lawsuit which depleted our reserve. We're looking to put the proceeds from... View More

James L. Arrasmith
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answered on Aug 31, 2025

What you are considering is a significant project that combines both real estate development and HOA governance. Since the land in question belongs to the association, your Master Deed and bylaws will control whether the tennis court space can be repurposed for new construction. As you mentioned,... View More

1 Answer | Asked in Gaming, Land Use & Zoning, Municipal Law and Real Estate Law for New Jersey on
Q: Need NJ ordinance for homeowners using garages for gambling; define home occupation to exclude gambling operations.

I am dealing with a situation where a homeowner in my neighborhood has been running a gambling operation in their garage for almost three weeks now. This has resulted in day and night traffic and suspected drug activity, along with illegal tenants. Despite previous complaints to the township, state... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’re absolutely right to want action—what you’re describing goes beyond just a nuisance and raises serious public safety concerns. In New Jersey, most townships define “home occupation” in their zoning codes as a limited, low-impact business conducted within a residence that does not... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Can we take ownership of a paper road registered with the town?

I am surrounded by water on three sides, and my only access is a paper road registered with the town in 1933. Despite being part of an association that manages surrounding parklands, the town and the POA do not claim ownership of this road. We pay fees to this association and have a small walking... View More

James L. Arrasmith
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answered on Jun 11, 2025

This kind of situation can be both confusing and frustrating, especially when your access to your home or property depends on land that no one seems to claim. A “paper road” typically refers to a road that was planned and recorded, but never developed. Even if the town isn’t maintaining it,... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: How can I address property maintenance issues and oppose a neighbor's zoning permit affecting parking in NJ?

I am having issues with my neighbor, who owns a two-family building. They don't maintain their property, letting the grass grow excessively, leaving the fence between our homes in disrepair, and allowing bags of trash to accumulate. I've recently received a letter from their lawyer about... View More

James L. Arrasmith
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answered on May 14, 2025

It’s incredibly frustrating when you work hard to keep your home in good condition and your neighbor’s neglect affects your property and peace of mind. In New Jersey, property maintenance issues like uncut grass, trash accumulation, and broken fencing are typically addressed through your local... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Need help with daycare zoning application in NJ

I am planning to operate a daycare and need zoning approval. I would like assistance with both the preparation and submission of the zoning application. I am aware of the zoning classification for the intended location but need guidance on specific requirements and restrictions for daycare centers... View More

James L. Arrasmith
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answered on Apr 12, 2025

To establish a daycare in New Jersey, you'll need to navigate both zoning and licensing requirements. Here's a step-by-step guide to assist you:

**1. Confirm Zoning Compliance**

Start by contacting your local municipal construction official to verify that the property is... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for New Jersey on
Q: I am trying get help with an eminent domain/blighted property issue where there was no just compensation paid.

A property was taken from my father under eminent domain/blighted property. The issue with this is that it was not a blighted property at all and the property was sold to a local business who wanted the property for many years. On top of that he was never paid any just compensation for the... View More

James L. Arrasmith
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answered on Jan 21, 2025

This situation with your father's property is deeply concerning, and I understand your frustration with both the inadequate compensation and the apparent mishandling by the previous attorney. The fact that your father was experiencing health issues during this time makes the situation even... View More

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 Land Use & Zoning for New Jersey on
Q: survey shows our property on top of a municipality street I cannot find a dedication or easement. Who owns that area

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

Morris Leo Greb
Morris Leo Greb
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.

1 Answer | Asked in Environmental and Land Use & Zoning for New Jersey on
Q: Are these certain requirements that s town must fulfill before putting up a four way stop sign in New Jersey? L

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

Morris Leo Greb
Morris Leo Greb
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.

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

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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1 Answer | Asked in Agricultural Law and Land Use & Zoning for New Jersey on
Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken

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

Morris Leo Greb
Morris Leo Greb
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.

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Got letter from zoning board of adjustment for a variation of from the requirements of the zoning ordinance. Can I lose

My home?

Morris Leo Greb
Morris Leo Greb
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

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