Real Estate Dispute and Land Use Law Blog

With the COVID-19 crisis upon us and New Jersey businesses shuttered, many commercial tenants suddenly find themselves deprived of the ability to pay their rent. By order of Governor Murphy, there is a moratorium on residential evictions and foreclosures in New Jersey. » Read More

Property owners often believe that their property is worth an amount equal to the assessment on the property. This misconception leads owners to overlook the different ratios of assessed value to true value applicable in each of the assessing districts of New Jersey and the fact that these ratios generally decline each year. » Read More

In a previous blog, I wrote about the differences between a license and a lease. As with the license v. lease scenario, simply labeling a document as a license or an easement does not necessarily mean that the document is as designated. » Read More

I previously wrote in this blog about how acceptance of rent by a landlord in a non-payment of rent case may constitute a waiver of all past breaches depending upon the facts in the case.

In breach of covenant cases, however, somewhat different rules apply. » Read More

While most people know generally what a deed is, most do not know the different types of deeds that are used to convey real property. The distinctions are important because the type of deed used to transfer property determines the rights of the buyer and seller if something goes wrong after the sale. » Read More

One of the risks of operating a business open to the public is being sued under the Americans with Disabilities Act (“ADA”) for failing to remove physical barriers that make a business or building inaccessible to a person with disabilities. Complaints about ramps, sinks, seating, countertops, and the like are not unusual in these types of lawsuits. » Read More

Some people involved in litigation lose sight of the fact that obtaining a judgment against the person or company they are suing is the first step in obtaining justice. I often must remind people that the courts do not write checks in the amount of the judgment. » Read More

One obvious reason for filing a real estate tax appeal is to obtain a lower assessment on your real property and thereby save significant tax dollars.  Another important reason to lower your assessment and taxes is to help maintain the value of the property by making it more marketable to potential buyers.   » Read More

Edward A. Hogan, Esq., who is Co-Chair of Norris McLaughlin’s Environmental Law Group, recently co-authored an article on the new Forestry Stewardship Regulations, which are designed to reduce the tax burden on woodland property owners whose properties are being actively managed under a Forest Stewardship Plan.   » Read More

The Visual Artists Rights Act of 1990, or VARA, is a little known law that specifically recognizes the special rights of artists and seeks to protect the integrity of their work. While VARA applies only to certain limited and original edition works, it includes works placed on or incorporated into buildings. » Read More