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New Jersey Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Do I have legal right to claim (or purchase) the portion of a paper street that abuts my property on one side?

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... Read more »

Morris Leo Greb
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Morris Leo Greb
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.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Can a town council person who also sits on the land-use board. Vote On each boards on a redevelopment plan?

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

Morris Leo Greb
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Morris Leo Greb
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.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I’m going for variance with township to build bigger house than it’s allowed in that zone , -it is empty undersized LOT.

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... Read more »

Morris Leo Greb
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Morris Leo Greb
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,

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I live in Paramus NJ - next door house is zoned as R100 - single family home It has been rented to 3 diff families

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... Read more »

Morris Leo Greb
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Morris Leo Greb
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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can neighbor claim abandonment of common driveway when the other neighbor is still paying property taxes
Morris Leo Greb
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Morris Leo Greb
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... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: I moved in my home and 1.4 acre of my land is being farmed by the previous owners family. What should I do to reclaim it

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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I moved in my home and an acre of my land is being farmed by the previous owners family. What should I do to reclaim it.
Morris Leo Greb
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Morris Leo Greb
answered on Jan 16, 2022

There are several issues that need to be addressed. The first is whether there was a written lease giving the mower the right to continue to mow. Did the affidavit of title disclosed the lease? Was the prior owner receiving farmland real estate abatement for the property taxes. If so, dis the prior... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New Jersey on
Q: If I live in a smoke free building in NJ. Can I smoke about 20ft away from the entrance? Or do the building rules apply?

The house rule state that no smoking permitted inside the building or immediately in front of the building or any of the utility rooms.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 16, 2021

It will depend on whether the 20 foot distance is still on private property. If you wish to smoke stand on the public streets.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: We have a paper street between two houses in New Jersey. Township has not maintained property for 100 years .

They are now threatening to auction off the property! What are my rights? What is NJ law under these circumstances? This all came about due to request for vacation in order to build new house up to property line. Don’t we own the lot along with neighbour due to abandonment?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 5, 2021

If the municipality is vacating the paper street, it should divide the property equally between or amongst property owners abutting the vacated portion of the paper street.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Hi what clearance for parking besides the drive way in Elmwood Park

I have some body parking his cargo van beside my driveway I can't see any cars comes from the street

Morris Leo Greb
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Morris Leo Greb
answered on Jun 5, 2021

Every municipality has its own zoning and traffic ordinances. I suggest you call the municipal engineer or the planning department to discuss this issue.

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Land Use & Zoning for New Jersey on
Q: What is my legality in a commercial lease building that I’m hosting events/production?

Is it legal for the owner to get in my business?

Leonard R. Boyer
Leonard R. Boyer
answered on May 30, 2021

You need to take your lease to an experienced NJ civil litigation and contracts attorney, who can provide you with meaningful advice. You may need special licensing, insurance and permits as well. All this takes time, especially if you have a tight schedule. You did not mention what town you are... Read more »

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1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 28, 2021

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Edison wants family estate home to provide a closed permit for an inground pool to get a CO. We only have the permit #.

What do we need to do to close out this 37 year old permit? Buyers waiting on us to get CO from the town.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 9, 2021

Apply to the town foe a CO. Pay the fee and satisfy any conditions imposed.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: How do I obtain a child care license in Westville NJ? I have a commercial building that is 5,100 sq ft. What do I need?
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 28, 2020

My response only address the land use issues portion of your broad question. You will need to meet with the zoning officer to discuss what is required under the municipal ordinances to determine if the use is fully compliant and to obtain an occupancy permit. If not fully compliant and depending on... Read more »

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
PREMIUM
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
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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