Real Estate

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 →

It’s not uncommon for an executor or administrator of an Estate to find that the decedent has left a house which needs to be sold by the Estate. In addition to the normal requirements for selling a house, there are some special issues to consider when the seller of real estate is the estate of a decedent. Continue reading →

When does someone else have a right to use your property even though you own it? It happens when that person or entity has rights to an easement over your property. Easements give others certain limited rights to use a portion of the property for specific purposes. Continue reading →

Selling your home? Want to avoid some potential problems at closing? Here are a few tips: 1. Check on Permits for Home Improvements: If you ever made home improvements to your residence, check to make sure building permits from your municipality were issued, when necessary, for repairs or improvements. If… Continue reading →