Business & Commercial Law
New Jersey Law Blog
New Jersey’s Probate Code & Child Support
Posted in Business & Commercial Law
In a recent ruling by the Appellate Division, in In the Matter of Rogiers, a parent who failed to support his child during her lifetime was entitled to a share in that child’s estate upon the child’s death. According to New Jersey’s Probate Code, the intestate laws (which provide for the disposition of a decedent’s estate in the event there is no Will) allow parents to inherit from their child’s estate. Continue reading
Capital Contributions Now Permitted by NJ Condominium Act
Posted in Business & Commercial Law
On September 10, 2007, Governor Corzine signed into legislation a bill modifying Section 46:8B-15 of the New Jersey Condominium Act. The bill now confirms that condominium associations may charge a capital contribution or membership fee, as long as the association’s master deed or by-laws provide the authority for doing so. Continue reading
New Jersey Realty Transfer Fees Due on Sale of Residences
Posted in Business & Commercial Law
Upon the sale of residential real estate, many Sellers are surprised to learn that the transfer is subject to a New Jersey Realty Transfer Fee. This is a tax imposed on Sellers by the State of New Jersey pursuant to N.J.S.A. 46:15-5 et seq. In certain instances the amount can be significant. Continue reading
Supreme Court Reverses Appellate Decision in Twin Rivers: Court Finds Common Interest Community Association’s Reasonable Restrictions Do Not Violate State Constitution Rights
Posted in Business & Commercial Law
On Thursday, July 26, 2007, the New Jersey Supreme Court issued its much awaited and highly anticipated decision in Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association Continue reading
Construction Liens- The Nub of the Matter
Posted in Business & Commercial Law
For those who work on construction jobs, getting paid is certainly far better than the alternative. Creditors with a lien are in a much better position to be paid, particularly if a bankruptcy filing enters the equation. It is critical, therefore, for creditors to understand their rights under New Jersey law. Continue reading
When Issues Remain After Closing – Agreements for Post-Closing Obligations
Posted in Business & Commercial Law
It is not unusual for a buyer and seller to want to close on their house sale, but there remains obligations on the part of the buyer or seller to fulfill. Continue reading
Real Estate Tax Appeals: Who Has the Burden of Proof
Posted in Business & Commercial Law
Recently, many municipalities have performed revaluations in order to make certain that all their assessments reflect the current market value of the properties located in their municipality. When a property owner files a tax appeal to challenge a tax assessment after a revaluation, who bears the burden of proving whether the new assessment is correct – the tax assessor or the property owner? Continue reading
Property Revaluations: Myths and Facts
Posted in Business & Commercial Law
The rise in property revaluations has caused confusion throughout the State of New Jersey. Property owners have been questioning the motives of their governing bodies and appealing assessments, often times without an understanding of the law. Continue reading
When is a Child Emancipated?
Posted in Business & Commercial Law
In New Jersey, there is no set age for emancipation. Many people seem to think that a child is emancipated when he/she reaches the age of majority which is 18, but in most cases this is not true. Continue reading
Relaxed Standard of Review Applies to Density Variances
Posted in Business & Commercial Law
The Appellate Division extended to applications for development seeking approval for density variances (building more units on land than may be allowed pursuant to local ordinance), “the relaxed standard of review” established for deviations from conditional use requirements. Continue reading
