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New Jersey Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: multi unit-individually metered privately owned property. Can owner assume control of utility w/o master meter at will?

nj property

Morris Leo Greb
Morris Leo Greb answered on Oct 15, 2020

I previously answered this question. Please review your records to confirm.

M.L.Greb, Esq

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: can PropMgmt comp assume control of utilitymeters on the property if they are already independently metered .?

currentl tenants have utility responsibility and there is no Master meter that reads the whole property. Tenants are directly billed and the landlord has no current responsibility with the utility in that regard. Can they legally assume the responsibility without consent from the tenant as well as... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 6, 2020

As is true with most question concerning commonly owned property such as condominiums and cooperatives, it is important to read the organic documents to determine what powers were given to Board of Directors. Generally, changes in the duties of owners and the power of the Boar to affect those... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for New Jersey on
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.

The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on... Read more »

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I rent a house and lease is not up for a few months but I found out that the property is not right on the survey

The property next door is pending sale and my house and have my portable garage is on the property next door. Can I hold the landlord responsible for paying me back my rent and moving expenses

Morris Leo Greb
Morris Leo Greb answered on Aug 26, 2020

This response reflects NJ case law and statutes. There are several items missing from your question that are important for a sound answer. The first is whether or not there is a written lease. If not, what are the terms of your oral lease? A lease generally has a covenant of quiet enjoyment. Quiet... Read more »

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: How do I find the location of land a person inherited in Puerto Rico?
Morris Leo Greb
Morris Leo Greb answered on Aug 25, 2020

Retain competent real estate attorney practicing in Puerto Rico.

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for New Jersey on
Q: Can I sue my neighbor's to pay for half of a privacy fence ?

For two years we have asked our neighbor to please control his growth and anytime we did he said that we can cut back anything on our side . They had friends in the township zoning office wrote a fraudulent letter for them which I had corrected by the township manager . They told us in a letter... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 12, 2020

As always my responses are based upon the application of NJ law. The answer may not be in accordance with the laws of the other 49 States. My second of my always responses is that anyone can sue anyone, the real question is whether a party as plaintiff (the one who sues) will prevail. The question... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: What if the apartment the tenant is residing in is an illegal conversion and has proof

I live in an illegal conversion and my landlord wants to evict us cause I got into an argument with him cause hes not turning on heat and my wife is pregant

Peter A. Michael
Peter A. Michael answered on Feb 7, 2020

If you are living in a legal apartment, then you may be entitled to reallocation fees. In the state of New Jersey reallocation fees are your monthly rent times 6. I highly recommend you consult with an attorney trained in the area of landlord tenant. My office offers a free no obligation... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can someone commit a scam of selling you property?

I have two issues. My son put down payment on a piece of land in a remote area. He is supposed to pay the owner + pay the taxes every month until it's paid off. the owner will hold the deed until he pays it off. It doesn't seem kosher to me. My son does flip houses and is familiar... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 1, 2019

Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Determining a fair price for the sale of a piece of my property?

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Join Date: Aug 2018

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Out of the blue this week, a contractor approached me about selling a 25 by 260 section of my property in order for him to build a road (my property is currently 100 by 260). He bought a large parcel of land... Read more »

Jay Schmerler
Jay Schmerler answered on Aug 1, 2018

First of all speak with an attorney knowledgeable of land use law. You want to be sure that what land you are left with meets the zoning requirements for your area. In addition, you don't say, but is there a mortgage on your home? You'll have to deal with your Lender for its OK before you... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: What does a zoning enforcement officer, fire prevention officer and housing enforcement officer look for in inspection?

I have owned a house for about 3 years now. The property is about 60 years old. It is a 2 family with finished basement. Basement is vacant.

I just received a letter that zoning department, fire prevention unit and housing enforcement unit wants to see my house. What exactly will they... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 26, 2018

In general they look for criminal and civil violations of both municipal ordinances and state regulations and laws. If a violation is found you will be given either notice to correct or a summons to appear in court.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: My house is paid off and now want to buy a forclosure house but my current house has not been sold yet what can I do?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 24, 2018

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared.

1 Answer | Asked in Foreclosure, Land Use & Zoning, Real Estate Law and Tax Law for New Jersey on
Q: Tax sale foreclosure in NJ: On only 1 of 2 lots which combined makeup prop address. Can foreclose addres inc both lots?

lienholder has lien on 1 landlocked, 2nd lot vacant, driveway. Twp merged 2nd lot with abutting lot which is also undersized vacant lot under Doctrine of Mergers. Lienholder Complaint foreclosing prop address which includes both lots.

I argued with twp assessor this was not correct app of... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 29, 2018

You need to speak to an attorney. You have very complicated issues surrounding your property, and no attorney is going to be able to guide you through how to solve your problem without first reviewing your file. Reach out to an attorney who focuses on tax liens and real estate.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Is there a time limit on how long a buyer has to present case in front of Land Use Board to obtain D variance?

Application has not been heard for various reasons for the last year, but Applicant hasn't withdrawn application. The original testimony and witnesses were now heard over a year ago.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 24, 2018

Much more information would be needed to answer your question, to start with you haven't even told us the town, I suggest you setup an in person consultation with a lawyer, however be prepared to pay since this information is what attorneys charge for..

1 Answer | Asked in Traffic Tickets, Civil Litigation, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Are Utility access roads such as for Power Lines, usually public or private property?Zoning Maps for East Hanover Nj?

My Vehicle was parked off a dirt access utility line access road, no posted signs. I left vehicle to acquire help due to Vehicle rendered inoperable due to wet unpaved access road conditions. Vehicle was reported by civilain, police officer responded to the report. Department officer reached me via... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 21, 2017

The utility access area is generally private property, BUT the police are given in most municipalities the right to enforce the local traffic laws on that property. You would need to research this to see whether this was true for this township and this property or hire a lawyer to do so, which... Read more »

1 Answer | Asked in Land Use & Zoning, Patents (Intellectual Property) and Real Estate Law for New Jersey on
Q: Can I still do a Allodial Title in NJ? They will not allow me to do a land patent in this state.
Peter D. Mlynek
Peter D. Mlynek answered on Sep 11, 2017

No.

Because any land in NJ is subject to the US Constitution, the government has the right of eminent domain.

You will have to continue to pay taxes. Sorry.

(Disclaimer: I do not do real estate law, just patent law, but this seemed like an easy question to answer....
Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: Can a new apt. landlord demand 4 months back rent for "breaking a lease" that was month to month?

My former landlord rented to me month to month with no issues for almost 12 yrs. He sold the building & I moved out Feb. 1, 2017. The new owner is claiming my lease expires 10/31/17! I only accepted a rent increase, never agreed to change my terms from monthly to one year, as I was looking to... Read more »

Marcel Wurms
Marcel Wurms answered on Aug 11, 2017

If you had a written lease with your old landlord, check the terms of that lease to see what the notice requirements were. The terms of an expired lease which has converted to a month to month still remain in effect, other than the lease term. Both you and the new owner are bound by that.... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: My mom used to own the home we currently reside in but it went into foreclosure and was recently bought but we never

Received documentation or a phone call. They want to charge us rent and security though the house isn't in good condition. They also want us to remove our things from the basement and lock it. Can they do that? They don't live here and we explained we're currently looking to find us... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 31, 2017

If your question is in NJ, YES they can do that. No one is going to make a phone call, and quite frankly it is hard to believe that you did not receive any legal pleadings. You are lucky the purchasers are willing to rent to you at all. However, you will still need to file a Chapter 7 Bankruptcy... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Municipal Law for New Jersey on
Q: windows in my apartment doesnt lock correctly and the smoke detectors doesnt work?

i live in a 3-fam building,more than half of the windows in my apartment doesnt lock or doesnt lock correctly(i have to stretch, jump and shout, twist and turn, to close the windows), the smoke detectors doesnt work either, am i responsible for the smoke/carbon monoxide detectors? Also there's... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 15, 2016

Call the Code Enforcement for the City you live in and let them know. Good luck.

2 Answers | Asked in Land Use & Zoning for New Jersey on
Q: HOW DO I FIND A ZONING LAWYER THAT DOES NOT CHARGE ON AN HOURLY BASIS???

THIS IS FOR A PRINCETON, N.J. ZONING ISSUE

Leonard R. Boyer
Leonard R. Boyer answered on Aug 17, 2015

You can use a search of attorneys in NJ for an attorney who will do it for a flat fee, but I would be surprised if anyone with a significant level of experience will do so, unless it is a very simple matter. Good luck.

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