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

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

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

It is common for real estate to be held in a limited liability company (LLC) for limited liability protection, management, privacy reasons, and for tax purposes.  Single member LLCs are generally disregarded for income tax purposes and multi-member real estate LLCs are generally taxed as partnerships, which allows for a flow-through and a single level of income taxation at the member level.  » Read More

A recent New Jersey Tax Court opinion highlighted the need for expert witnesses to verify the integrity and accuracy of the market data that forms the basis their opinions; otherwise, the opinions are entitled to little weight. In VBV Realty LLC v. » Read More

An easement is a non-possessory interest in the land of another. A prime example would be an easement allowing owner A to travel over owner B’s property in order for owner A to get to his own property. Much has been written about how easements are created (either expressly or by implication). » Read More

No, not that wall. I am writing about another wall —  a retaining wall, to be precise, damage to which precipitated a war of sorts between neighbors.

In 2004, Defendant purchased a home and has lived there ever since. A retaining wall separated defendant’s property from Plaintiff’s property. » Read More

In my travels over the years, I have come across instances where business people have confused the distinction between a lease and a license. The distinction is important because the rights and obligations of the parties can be significantly different depending upon what the true relationship is determined to be. » Read More