Real Estate

The old Woody Guthrie song emphatically proclaiming “this land is your land, this land is my land” could well have its roots in the concept of a prescriptive easement in Pennsylvania. As recently explained in a Bucks County Court of Common Pleas case, Slice & Hook Enterprise v. McGonigal, 87 Bucks Co. L. Rep. 321, 329 (2014), a prescriptive easement exists when one establishes a right to use another’s land for some purpose, through “open, notorious, continuous, uninterrupted, adverse and hostile use” (although not inconsistent with the landowner’s use of the property), for twenty-one (21) years. Continue reading →

Often, when purchasing or selling real estate in Pennsylvania, an examination of the title to such real estate discloses the presence of old mortgages or judgments (frequently in the name of a previous owner(s)). Continue reading →

All municipalities in New Jersey are required by statute to hold annual sales of unpaid real estate taxes. By selling off these tax liens, municipalities generate revenue. Tax sales are conducted by the tax collector; third parties and the municipality bid on the tax sale certificates (“TSC”). At the conclusion of the sale, the highest bidder pays the outstanding taxes and becomes the holder of the TSC. The TSC must be recorded with the County Clerk to become a lien against the real estate. Continue reading →

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 →