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Real Estate Law

What Is A Joint Tenancy In New Jersey and How to Cancel One

2024-04-08T19:16:34+00:00

In New Jersey, there are three ways you can hold title to real property with another party. You can be tenants in common, Tenants in the Entirety or Joint Tenants. Tenants in common is the easiest. If two parties hold title as tenants in common, they each own 50% of the property. Each can freely sell their own interest to any other party. And their interest can, in most cases, be freely levied upon by a creditor or spouse as part of a divorce. Since February 4, 1812 if two unmarried parties purchase a property together and the deed is silent [...]

What Is A Joint Tenancy In New Jersey and How to Cancel One2024-04-08T19:16:34+00:00

Spousal Rights to the “Marital Residence” – Dower, Curtesy and Their Replacement

2024-04-08T18:16:13+00:00

The majority of homes which are resided in by a married couple were purchased by them together. In that case, NJSA 46:3-17.2 would normally control. This statute states that "A husband and wife together take title to an interest in real property or personal property under a written instrument designating both of their names as husband and wife". Basically, the husband and wife each have a title interest in the entirety of the property. Each owns 100% of the property and, with a few very limited exceptions, their individual interests can't be transferred, levied upon or otherwise divided by one spouse [...]

Spousal Rights to the “Marital Residence” – Dower, Curtesy and Their Replacement2024-04-08T18:16:13+00:00

Very important reasons to properly dissolve your old LLC – but maybe not just yet

2023-12-15T00:05:00+00:00

So you own or have an interest in an LLC, and its purpose has ceased to exist. You no longer need this LLC. Maybe you sold the property you owned under the LLC. Maybe the business the LLC owned went under or just wasn't profitable so you closed up shop. For any number of reasons your company no longer exists, and you don't want to incur the inconvenience and cost of filing annual reports and tax returns for it anymore. Should you formally dissolve the LLC? If so, when? First, let's cover what happens if you don't formally dissolve it. You [...]

Very important reasons to properly dissolve your old LLC – but maybe not just yet2023-12-15T00:05:00+00:00

Actions for Adverse Possession in New Jersey

2023-10-24T17:37:59+00:00

When someone exercises ownership and control over a piece of property long enough in New Jersey, it can become theirs under the doctrine of Adverse Possession. It sounds simple enough but there are a number of requirements that make such actions relatively rare. Here's how it works. Although the doctrine of Adverse Possession began in common law, it was later codified by statute at NJSA 2A:14-30 which states: “Thirty years' actual possession of any real estate excepting woodlands or uncultivated tracts, and 60 years' actual possession of woodlands or uncultivated tracts,  uninterruptedly continued by occupancy, descent, conveyance or otherwise, shall, in [...]

Actions for Adverse Possession in New Jersey2023-10-24T17:37:59+00:00

What is Daniel’s Law and Why Has It Created So Much Confusion for Public Entities?

2023-08-10T16:29:04+00:00

In September of 2020 Daniel Anderl, the son of a US Judge in New Jersey was tragically killed by someone who found his mother's home address online. Shortly after the legislature passed a law that allows judges, police officers and other judicial officials to hide their addresses from public records. This seems like a good idea in theory, but in practice it was not well thought out nor well implemented especially in the beginning. For example, literally dozens of existing laws require parties as well as public entities themselves to rely on public information regarding property ownership. And if these records [...]

What is Daniel’s Law and Why Has It Created So Much Confusion for Public Entities?2023-08-10T16:29:04+00:00

Actions for Quiet Title in New Jersey – NJSA 2A:62-1 et seq and R. 4:62-1 et seq

2023-08-08T02:04:08+00:00

What is a Quiet Title Action? A quiet title claim is made when there is a dispute over the ownership of a piece of real estate. A party can ask the Court to enter a declaratory judgment that they have legal title to the piece of real estate, and if successful then a certified copy of this judgment can be recorded at the County just like a deed would be recorded. Cases like this arise most commonly to adjudicate a dispute over a property line or easement, but they can arise in many other ways such as when there is a [...]

Actions for Quiet Title in New Jersey – NJSA 2A:62-1 et seq and R. 4:62-1 et seq2023-08-08T02:04:08+00:00

How to record a judge’s order in New Jersey

2023-07-25T22:04:51+00:00

So you were successful in Court and obtained a judgment effecting a piece of real property. It could be a judgment for quiet title under NJSA 2A:62-1, or for declaratory judgment under  2A:16-50 et seq, or any other number of situations where recording the judgment is necessary to protect a client in the future and ensure clear title for future buyers/owners of the property. Fortunately, New Jersey's recording statute at NJSA 46:26A-2(h) allows a court order effecting real property to be recorded at the County just like a deed or mortgage would be. But there is a process and calling the [...]

How to record a judge’s order in New Jersey2023-07-25T22:04:51+00:00

Subdivision Law – How to Subdivide a Single Large Lot Into Multiple Lots

2023-07-24T16:56:07+00:00

There are a number of reasons a property owner may want to subdivide a property. A developer may find an opportunity to turn one large lot into multiple smaller ones. A property owner who owned two properties next to one another under the same name could find that they were involuntarily administratively merged by the tax assessor under the Loechner v. Campoli doctrine, and now they must be re-subdivided to allow a sale or refinance. The executor or administrator of an estate, or even a Chancery Court judge, could find that a partition in fact of a property is the best [...]

Subdivision Law – How to Subdivide a Single Large Lot Into Multiple Lots2023-07-24T16:56:07+00:00

There’s nothing more expensive than a “cheap” real estate attorney

2023-07-21T18:36:12+00:00

About a year ago, a potential client inquired about our representation for a real estate closing on a particular property. Before getting under contract, he found another attorney who would charge him $150 less and he decided to go with that attorney. Recently this same potential client reached out to us again, with a problem at the property he purchased. There was a major encroachment blocking his driveway and he wanted to force his new neighbor to remove it. Unfortunately, upon reviewing the details closer, it turns out the encroachment is completely legal. It was approved by a subdivision when the [...]

There’s nothing more expensive than a “cheap” real estate attorney2023-07-21T18:36:12+00:00

US Supreme Court Invalidates Tax Lien Foreclosures

2023-05-31T00:10:53+00:00

It is not common these days for the Supreme Court to come to a unanimous decision on anything, especially when over-ruling precedent that has been established for decades. Yet that's what the Supreme Court just did on May 25, 2023 in Tyler v. Hennepin County, Minnesota, et al.  And it's probably a good thing. Until now, New Jersey had been one of just 13 states which allows a tax lien foreclosure to take a property from a tax debtor to satisfy the tax lien. But in selling the property, the foreclosing entity was allowed to keep all the proceeds of the tax [...]

US Supreme Court Invalidates Tax Lien Foreclosures2023-05-31T00:10:53+00:00
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