Author: Barbara Strapp Nelson

The names set forth on a deed may not always reflect the interests of all parties in the real property. One such interest is a possessory one of a spouse to joint possession in property occupied as a couple’s principal matrimonial residence. This type of interest is a statutory creation. N.J.S.A. 3B:28-3 provides that during life every married individual shall be entitled to joint possession with his spouse of any real property which they occupy jointly as their principal matrimonial residence and to which neither dower nor curtesy applies. Continue reading →

Goblins and ghosts. Eerie graveyard scenes. With Halloween coming, cemeteries always take on some added interest. New Jersey cemeteries are governed by the “New Jersey Cemetery Act, 2003.” N.J.S.A. 45:27-1 et seq. Under the Act, a cemetery is defined as “any land or place used or dedicated for use for burial of human remains or disposition of cremated human remains….” N.J.S.A. 45:27-2. Continue reading →

Most contracts for the sale of real estate designate a date for the closing. While buyers and sellers generally prepare to close on that date, it is not always possible. Delays are not unusual and frequently reasonable under the circumstances. So how definitive is the closing date in the contract? Continue reading →

To resolve certain disputes which can arise over title to real estate, the New Jersey legislature has provided a process by which a party in possession of the real estate can protect or clear up the title to his property. If another person or entity raises a claim, or disputes the title to the property in some way, then the party in possession of the property may wish to commence a lawsuit to “quiet title” and thus resolve any outstanding issues relating to the title. Continue reading →

What happens when co-owners can’t agree on how to share the ownership responsibilities of a piece of real estate? Perhaps it is a residence, a commercial property or vacant land and the owners cannot agree on how to share the payment of taxes, costs of maintenance, or need for improvements to the property. Perhaps they cannot even agree on selling the property to resolve their disputes. In cases where co-owners cannot work out a resolution on their own, one or more may need to resort to the Courts for a solution. Continue reading →

New Jersey has always protected to some extent the rights of a married person in and to New Jersey real estate owned by his/her spouse. Prior to May 28, 1980, protection was provided by means of an interest in the real estate called dower for the wife and curtesy (and not courtesy) for the husband. Effective May 28, 1980, the Legislature created an elective share for a spouse to share in the estate of a decedent spouse and a right of joint possession in the principal marital residence. Continue reading →

When selling a home a buyer’s title search may uncover an old mortgage of the homeowner – or a prior owner, that was not discharged of record. Frequently the mortgage has been paid off, but unfortunately just not discharged of record in the county clerk’s office. There are ways to discharge such old mortgages depending on the particular situation. Continue reading →

One of the items commonly adjusted at real estate closings is municipal real estate taxes. Real estate taxes are billed on a quarterly basis with a quarterly tax payment being due on the first day of the middle month of the quarter. Thus, first quarter taxes, covering January, February and March are due February 1st. Second quarter taxes, covering April, May and June are due May 1st. The due date for third quarter taxes is August 1st and fourth quarter taxes, November 1st. Continue reading →

Adjoining property owners frequently encounter overhanging branches from a neighbor’s tree, hedge or other vegetation. Although the base of a tree may be in your neighbor’s yard, when branches, limbs or roots cross over the boundary line, they may constitute a nuisance. Continue reading →