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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

Union City Rent Control Ordinance and Practices Deemed Unconstitutional

2023-09-20T13:09:31+00:00

Most sophisticated local real estate investors will tell you that Union City is a difficult place to own property. One of the reasons for this is the seemingly arbitrary way that it administers its rent control ordinance, often giving landlords little or no notice before making major and unsupported financial determinations that effect the value of, and sometimes even the ability to pay the mortgage on, an investment property. It sometimes doesn't follow the rules set forth in its own ordinances, and even when it does, those rules have now been deemed at least in part unconstitutional by a local Superior [...]

Union City Rent Control Ordinance and Practices Deemed Unconstitutional2023-09-20T13:09:31+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
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