Land Use
Property Survey and New Jersey Real Estate Transactions
Do you need a property survey when purchasing property in New Jersey? It it is important to know what property and land you are going to own to the fullest extent possible. One of the ways to do this is to hire a professional to perform a survey of the property. There are several different types of surveys you can conduct, each providing different information.
What is a Property Survey?A property survey is when a qualified professional measures and prepares a report of a property’s land, borders, structures, and other elements. A property...
Read More....CONDEMNATION – DO NOT SLEEP ON YOUR RIGHTS
Do not sleep on your rights, the rights you have relating to real property is extremely important. This is where consulting an attorney is often worthwhile, because if you sleep on your rights, you could unknowingly be giving up alot. You want to be prepared for possible scenarios that could result in you losing your property, which is what happened in the following case. If the defendant had been aware of what was expected of her in this process, the verdict may have been entirely different.
To provide a bit of background, The Borough...
Read More....Are You Really Paying Too Much In Property Taxes?
Property tax appeals are related to the assessed value of your property and any improvements thereon. In order to appeal a property assessment, the taxpayer must file a property tax appeal in the County where the property is located. First, it should be noted that if the property assessment is over $1,000,000.00, the taxpayer has the option of filing their appeal in either the Tax Court of New Jersey, or in the County Board of Taxation of the county where the property is located. On the other hand, if the property assessment is $1,000,000...
Read More....Can Your Neighbor Cut Down The Trees in Your Yard and Get Away With It?
In a recent case, the plaintiffs who sued their neighbors for removing bamboo from their property without permission were unable to recover damages. The New Jersey Supreme Court found the plaintiffs failed to show evidence that the removal led to a diminution in their property value or constituted a loss of peculiar value that was personal to the plaintiffs.
The plaintiffs, Joseph and Donna Kornbleuth (the Kornbleuths), owned a property adjoining that of the defendants, Thomas and Betsy Westover (the Westovers). The properties...
Read More....New Jersey Homeowners Must Pay Contractor’s Bill Despite Lack of Building Permits
A plaintiff construction company will be paid the outstanding balance of a home renovation project, despite allegations by the defendants that the company did not substantially complete the work and created, and failed to correct, a dangerous condition in the home. In a recent case by the New Jersey Appellate Division, the court held that the plaintiff substantially completed the work required by the contract and was therefore entitled to payment due under the contract, while also finding that the defendants did not have a valid consumer...
Read More....Do Not Build in Violation of Set Back Requirements BEFORE Receiving Approval
Sometimes, unlike the old adage, it is not better to ask for forgiveness rather than permission first. A New Jersey plaintiff who was denied a variance for his deck, which did not comply with local ordinances, failed to obtain approval from the Superior Court. In the case recently affirmed by the New Jersey Appellate Division, the court held that the plaintiff failed to meet his heavy burden of proving that he was wrongly denied the variance and instead deferred to the local planning board’s decision.
The plaintiff owned a single-family...
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