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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can deed restrictions from a past deed be enforced if they were not on the deed provided at closing?
Anthony M. Avery
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answered on Nov 13, 2023

Hire a NJ attorney to search the title. It sounds like there are covenants that run with the land even if they are not in a later deed conveyance.

1 Answer | Asked in Employment Law, Real Estate Law and Tax Law for New Jersey on
Q: Does this revised law under 12 UFC 531 apply only and solely to real estate or also employer to employees?
James L. Arrasmith
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answered on Nov 9, 2023

The reference to "12 UFC 531" seems to be incorrect or a typographical error. In the context of U.S. law, "UFC" typically does not pertain to legal statutes. It's possible you're referring to a section of the U.S. Code (U.S.C.), which is a compilation of federal... View More

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

Leonard R. Boyer
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answered on Nov 9, 2023

You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I reduce liability by leasing my property to an LLC, who would then sub-lease property?
Leonard R. Boyer
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answered on Oct 16, 2023

That is never going to work. A primary residence cannot be placed in an LLC. An LLC must have 3 members or more for it to be a valid legal entity. If you do not have an LLC custom-drafted by an experienced corporate attorney, it may not be worth the paper it is printed on. There must be a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My lease says i have to follow HOA rules but we were never given the rules. Should we have agreed to them at lease sign?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

No you should not have agreed to follow HOA rules without first receiving and reviewing them. When asked, I always caution clients to obtain and read extrinsic documents like HOA rules, T&Cs, addenda, etc. before signing any agreement incorporating those items because, once you sign it,... View More

1 Answer | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Contractor is refusing to submit the last pieces of paperwork to the county to obtain the CO, what is my next steps?

We hired a septic contractor April 22' - the matter at hand is that the contractor was pumping the old septic tank into the one, I called the county to advise if that was to code and they said it wasnt. The contractor got mad at me. At the end of everything they were trying to charge me $1000... View More

Leonard R. Boyer
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answered on Sep 10, 2023

Your only real solution is to retain an experienced civil litigation attorney. If a letter does not get the problem resolved, then you will need to engage in litigation. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for New Jersey on
Q: Fort Lee, NJ Coop building - active leaks from units above AC system, damage to our ceiling , Coop delays repair

NJ Coop building : For past 6 weeks and this problem existed a year ago, the AC system in apartment unit above us leaks. The water first dripped through AC unit , walls but now it seriously damaged ceiling, and continues to leak. Coop management & maintenance delays repair work, and their... View More

Leonard R. Boyer
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answered on Sep 10, 2023

You really need to retain an experienced civil litigation attorney and file suit against the coop board ,the President and possibly the unit owner above you. Many of these HOA, coop, and condo boards are either corrupt or engage in improper self-dealing. I routinely advise my clients to avoid... View More

3 Answers | Asked in Real Estate Law for New Jersey on
Q: A new owner for a gas station behind me has surveyed the land and has declared that my shed and cement pad are on his

This was the house I grew up in and have taken it over from my deceased father. The fence has been in place for more than 30 years. There are only woods behind me. The station owner has stated he will push back the fence, cut the cement pad and run a fence directly against the back of the shed.... View More

Anthony M. Avery
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answered on Sep 6, 2023

Hire a NJ attorney to file suit for a Boundary Line Dispute. Hopefully an ascertainable boundary line has been acquiesced by the previous owners. Get your witnesses together as to the line. A survey may be necessary if you believe theirs is in error. Otherwise you rely on acquiescence. You... View More

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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 Real Estate Law for New Jersey on
Q: should the unit owner be responsible for damage inside the unit that was caused by a clogged pipe inside a wall outside

between several floors.

Leonard R. Boyer
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answered on Jul 24, 2023

If you are in a condo or coop then they are liable. But if the unit owner deliberately clogged the pipe, then the unit owner could also be liable. In this type of case, I would personally sue all possible Defendants. With modern technology, you can be represented by any high-quality attorney in New... View More

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Payment agreement for community/lake maintenance 'allegedly' present on original deed ~1950s no longer present.

Limitations on deed agreements no present on current deed. No present HOA or similar contract. No inclusion of payment agreement on current issued deed.

Morris Leo Greb
Morris Leo Greb
answered on Jul 21, 2023

Unless the obligation was deleted by a recorded instrument, the rights to collect belongs to the successors in title.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: A sheriff's eviction is scheduled for 7/15. Can I get an extension?

Technically, I'm a squatter vs. a tenet as I sold the house to a realty company. I simply need 1 week, 2 weeks at most to secure housing. I am a 62-year old woman on disability. I live well below poverty line and finding new home has been challenging. I have no intention of staying/squatting,... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 12, 2023

Yes, you may ask the sheriff to postpone the sale.

2 Answers | Asked in Real Estate Law and Divorce for New Jersey on
Q: Can my ex say no one can move into the house when he isn’t paying even though he’s on the mortgage?

He moved out and I am in possession of the home but he’s still on the deed and mortgage. He only wants his half if I sell it or someone moves in. Can he legally demand half if I move someone in to help pay for the mortgage? I understand he gets half if I sell but if I need help paying and he... View More

Richard Diamond
Richard Diamond
answered on Jun 15, 2023

I dont think you will be surprised with my answer - it's impossible for any lawyer to give you credible advice based on the information provided.

You need to stop taking legal advice from your ex and you need to schedule a consultation with a lawyer to discuss your divorce matter and...
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2 Answers | Asked in Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: Is a power-of-attorney able to amend a LLC if they are not a member, including adding themselves as partner?

My late mother established a LLC, which owns two properties. Before my mother became incapacitated she appointed my sister as POA. During the probate of my mother’s estate it was discovered my sister was member of the LLC. I filed a complaint with the Court alleging my sister added herself as... View More

Richard Diamond
Richard Diamond
answered on Jun 12, 2023

You need to hire a lawyer. The type of questions being asked and the legal issues being presented to the court are not simple and involve specific type of proofs. In a court proceeding involving claims of self-dealing, fraud, etc, you are also not going to walk into a court room and talk with a... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Husband & Wife with her brother purchase a 2 family home in 1970. They pass. Her brother & son occupy home. Home dispute

Her Son has parent's 2/3 ownership. Son found out 2019, Uncle reported Notice of Settlement in county record without Son's knowledge. What can the Son do

Morris Leo Greb
Morris Leo Greb
answered on Jun 9, 2023

In order to respond to this question more information is required. Was the property owned as joint tenants or tenants in common, did the husband and wife die testate or intestate, did the husband and wife convey their interest to the brother?

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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