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
Cyberspace issues have infiltrated practically every facet of our lives and with that comes the need for cybersecurity. Click here for an informative article from Cushman & Wakefield regarding the need for cybersecurity in the commercial real estate sphere.
If you have any questions regarding real estate matters, please contact me at email@example.com. » Read More
On March 10, 2015, the New Jersey Supreme Court essentially “benched” the Council On Affordable Housing (“COAH”) as a result of its continued failure to adopt “Third Round Obligations”, the Second Round Obligations having expired in 1999. In re Adoption of N.J.A.C. » Read More
A New Jersey Federal District Court recently refused to dismiss a plaintiff’s claim under the Fair Debt Collection Practices Act (FDCPA) brought against a realtor who took steps on behalf of the landlord-client to try and collect overdue rent from the plaintiff. » Read More
Valentine’s Day will soon be upon us, when everyone’s fancy will turn to — real estate ownership issues? Well, of course! It seems more and more couples (as in unwed couples) are choosing to put off marriage, but not the purchase of a love nest. » Read More