Real estate laws play a major role in our lives, whether they be laws about transferring residential properties, laws about the uses to which you can put your property, or laws about local government approval of development projects. And no matter what the underlying transaction is, the legal aspects are almost always the first step, and they determine whether you’re ever going to move to a step 2 or step 3.
Depending on the real estate activity involved, you may need to comply with municipal, county, state, and occasionally even federal law, and these laws change constantly.
Whether you’re involved in a simple residential deal or a multi-million dollar development, knowing and trusting your lawyer is essential. It’s both a business and a personal relationship. The decisions should always be yours, but based on the solid, reliable information you have a right to expect from your lawyer. The lawyer, of course, needs to fully understand your plans and desires in order to provide the best information and advice. At Barnes Law Group, LLC, we specialize in knowing your needs, and anticipating obstacles to meeting them.
Common Real Estate Issues
There is tremendous variety in types of real estate, forms of ownership, and the uses to which real estate can be put, so there truly s no end to the number of legal issues that may crop up in a real estate transaction. The following are among the common issues that our attorneys at Barnes Law Group, LLC, can help with:
- Approval of development plans (when required; the approval process; plan amendments; have approvals expired)
- Boundary and similar disputes between neighboring owners (boundary lines, trees and vegetation, nuisances, etc.)
- Condominiums and other “common interest real property” (a legalistic way of saying separately owned units of property each of which has an undivided interest in common elements) like cooperatives, planned communities, time shares, and mobile home parks
- Contracts of sale, both residential and commercial, including drafting the contract, negotiating or reviewing it, and revising it as needed
- Contracts with realtors
- Deeds, including the consequences—sometimes subtle—of adding someone to the deed, and the language used to do so
- Disclosure (what information about property being sold must be disclosed; was information disclosed)
- Easements, from their validity to their duration to whether they have been abandoned or misused
- Foreclosures and the consequences
- Restrictive deed provisions etc.
- Survey disputes and questions
- Zoning issues from interpretation of zoning provisions to obtaining variances
Laws and Regulatory Bodies Involved
In New Jersey, the state’s Municipal Land Use Law delegates authority over zoning and development to individual cities and towns. To complicate matters further, each city and town may have multiple different bodies charged with some aspect of this regulation. Laws affecting real estate matters in the state include:
- The Planned Real Estate Development Full Disclosure Act
- The New Jersey Nonprofit Corporations Act which applies to co-ops
- The New Jersey Condominium Act
Some property locations and uses may even call into play federal regulation, such as environmental laws. It’s uncommon, but even Federal Communication Commission (FCC) rules may become involved in a New Jersey real estate dispute. The FCC’s “Over-the-Air Reception Devices” (OTARD) rule prohibits any restrictions that impair the ability to install, maintain or use antennas that receive video programming (direct-to-home satellite dishes less than one meter in diameter, TV antennas, wireless cable antennas).
Personalized Legal Services for Every New Jersey Real Estate Transaction
At Barnes Law Group, LLC, we are a small firm that offers personalized service in real estate law, backed by 20 years of experience in real estate and related business transactions. We know our clients personally and the real estate business intimately. Our clients, past and present, appreciate our responsiveness and our ability to communicate clearly and effectively. Call us today to schedule an appointment at one of our conveniently located offices in North Wildwood or Egg Harbor Township.