Real Estate

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 →

If you are denied the issuance of a permit on the basis that the proposal violates the zoning ordinance, you may wish to seek an appeal of the zoning officer’s decision. An appeal of any order, requirement, decision or refusal made by an administrative officer based on the zoning ordinance is brought by an appellant to the zoning board of adjustment. N.J.S. 40:55D-70a. The review of the decision by the board is to determine whether there was an error under the provisions of the zoning ordinance and applicable statutes. 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 →

Selling a home and wondering what physical conditions at the premises need to be disclosed to a potential new buyer? Everyone wants to present a positive picture of their home, especially during a slow real estate market. But it is usually in a seller’s best interest to thoroughly disclose any defects which are not readily observable. 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 →