Posted in Business & Commercial Law
The New Jersey Statute regarding adult adoption requires at least a ten year age difference between the adopting person or persons and the adoptee. A recent New Jersey Superior Court reasoned that this requirement served to ensure that some resemblance of a parent-child relationship exists between the parties. Continue reading
Posted in Pennsylvania Law Monitor
The current policies used in determining the standard for proving a regulatory taking of land are particularly strict. More often than not, the property owner is responsible for proving that exceptional circumstances exist which substantially deprives them of the use of their property. Additionally, the property owner is responsible for… Continue reading
Posted in Business & Commercial Law
In a limited liability company (LLC), if no operating agreement (the agreement between the members of the LLC) is in place, the limited liability company statute of the state where the LLC was formed controls the relationship between the members of the Company. Continue reading
Posted in Real Estate
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
Posted in Business & Commercial Law
In this ever transient society, it is possible that a person seeking enforcement of a support order in New Jersey, whether child support or alimony, may have obtained that order in another state. Continue reading
Posted in Pennsylvania Law Monitor
Pennsylvania enacted the Tax Increment Financing Act (TIF) as a way to improve the conditions of urban areas in the state that have been deemed “blighted”. The Act creates a system of financing for the redevelopment of the areas that is essentially privately funded. What is a TIF District? Local… Continue reading
Posted in Divorce & Family Law
It is well-settled law that retirement plans such as pensions, 401(k)s, 403(b)s, KEOUGHs, profit sharing plans, deferred compensation plans and IRAs are subject to equitable distribution in the event of divorce. Continue reading
Posted in Business & Commercial Law
When a parking war erupted last year between two adjacent restaurants in northern New Jersey, the battle resulted in a law which affects the rights of community associations to tow vehicles from their premises. In October 2007, Governor Corzine signed a new bill into law called the “Predatory Towing Prevention Act” (“Towing Act”) which primarily increases oversight of tow companies. While a law regulating tow companies may not seem relevant to your community association, if you want to tow vehicles from private property areas, it does have implications which could affect your ability to do so. Continue reading
Posted in Business & Commercial Law
On January 28, 2008, I wrote an article for the New Jersey Law Journal discussing the consequences of a property owner’s failure to respond to a Tax Assessor’s Chapter 91 request. The article discussed the conflicting case law in this area, including the obligation of the owner of non-incoming producing property to respond to a Chapter 91 request. Continue reading
Posted in 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
