Posted in Pennsylvania Law Monitor
In Pennsylvania, where a “cloud” upon a title to real property exists, a party may initiate a civil action in order to adjudicate rights to the property. Such actions fall under two related kinds: 1) Actions to Quiet Title, and 2) Actions in Ejectment. Continue reading
Posted in Pennsylvania Law Monitor
One of the most common sources of litigation involving real property is that of disputes between adjoining property owners. Of these disputes, many involve a disagreement regarding where the property line between the two parcels of land is actually located, and one party’s objection to his neighbor’s use of the property beyond the legal boundary between the properties. Pennsylvania has a well-developed practical approach to such disputes where a line between the properties has been respected and acquiesced to for a requisite period of years. Continue reading
Posted in Business & Commercial Law
What most people think they know about mold and its effects on your health is not always the truth. Everyone knows that humans only use 10% of their brains (not true, although sometimes it may seem true), that Christopher Columbus called Native Americans “Indians” because he thought he landed in India, (not possible, as that part of the world was called Hindustan at the time) and that being cold will ensure that you actually catch a cold (also not true, sorry to all mothers out there). Continue reading
Posted in Real Estate
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
Posted in Business & Corporate, Litigation
The Pennsylvania Uniform Fraudulent Transfers Act, (PUFTA) 12 Pa.C.S.A. § 5101 et seq., grants a statutory remedy to creditors where a debtor has acted to hinder his creditors and identifies several factors for scrutinizing transfers as fraudulent to creditors. Where a transfer has been proven to be fraudulent as to a debtor’s creditors, remedies available to a creditor include voiding the fraudulent transfer, attaching the transferred property, injunctions against the debtor’s future disposition of assets, and Court appointment of a receiver to take charge of fraudulently transferred assets. Continue reading
Posted in Divorce & Family Law
Perhaps one of the most valuable documents in any divorce case is a Case Information Statement (CIS). A CIS sets forth each party’s income, assets, liabilities, the marital standard of living, and current monthly budget. A fully completed CIS gives the Court a clear picture of that party’s financial situation, which is imperative in calculating child support and alimony. While drafting a Case Information Statement is time consuming, it’s value should not be underestimated. Continue reading
Posted in Business & Commercial Law
Model A Fitness of Boonton, New Jersey has sued Retrofitness for fraud, consumer fraud, breach of contract, and violations of New Jersey’s Franchise Practices Act. Retrofitness Enterprises and Retrofitness Corp. owns, operates and franchises body building, health and fitness facilities under the “Retrofitness” trademark. The Retrofitness lawsuit is being watched by franchisors and franchisees alike. Continue reading
Posted in Business & Commercial Law
When buying and selling real estate, in nearly every transaction, a written contract is prepared for all parties involved to sign. One reason for this is obvious – to make certain that all parties can clearly see, and are in agreement with, all the terms and conditions of the transaction. This avoids any misunderstandings as to such important terms as the sales price, the description of the property being sold, the closing date, and any contingencies. However, another important reason to have a signed written agreement is to comply with New Jersey’s statutory requirements for enforcement of such agreements for the transfer of an interest in real estate. Continue reading
Posted in Business & Commercial Law
The proper treatment of intellectual property (IP) in divorce cases requires an understanding of the different types of IP, valuation of the IP and ultimately equitable distribution of the IP as a marital asset. Continue reading
Posted in Real Estate
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
