Norris McLaughlin & Marcus, P.A.

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NJ Real Estate Dispute

Oct 03, 2016

Intervening In Tax Sale Foreclosures

Many real estate investors attend “tax sales” and buy up tax sale certificates on properties whose owners are behind on their real estate taxes. Municipalities, in order to generate cash flow, will offer to the public the opportunity to bid in at a tax certificate sale on those properties whose taxes are seriously delinquent. Many certificates, depending on the bidding, will pay an attractive rate of interest, sometimes at or around 18%.» Read More

Sep 26, 2016

Termination of Easements

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). Of equal importance, however, is how easements are terminated.» Read More

May 10, 2016

Who Is Going To Pay For The Wall?

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. After 2004, a few mulberry trees began to grow on Defendant’s property near the retaining wall.» Read More

Jan 25, 2016

Lease v. License – What’s the Difference?

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.

Initially, simply labeling an Agreement a “License Agreement” or “Lease” does not make it so.» Read More

Jan 18, 2016

My Tenants’ Lease is Up – Why Can’t I Just Kick Them Out?

Many times I have been approached by a landlord who wants to evict residential tenants from the premises because the lease has “expired.” The first questions I ask are: 1) whether the landlord lives in the premises, and 2) whether the premises contain no more than two rental units (in addition to the landlord’s unit). If the answer to these questions is “No,” then I give the landlord the bad news: he can’t just “kick out” the tenants, even though the lease term has “expired.”

Other than tenants who live in premises where the landlord resides and there are no more than two additional rental units, residential tenants in New Jersey enjoy substantial protection under the Anti-Eviction Act.» Read More

Nov 20, 2015

Is Cybersecurity Needed In Commercial Real Estate?

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 tpmckeown@nmmlaw.comRead More

Oct 12, 2015

Sometimes A Building Is Just A Building

The New Jersey Supreme Court recently ruled in favor of a residential landlord, Anna Mae Cashin, who sought to evict Marisela Bello. Bello lived in a single family home located on Cashin’s property, which also contained another building with five residential units.

Cashin had tried several times in the past to no avail to get Bello, who had occupied the property since 1973 at a nominal rent, to leave.» Read More

Jul 02, 2015

Consent Judgements: Not Always What They Appear To Be

On many occasions, a commercial landlord and a tenant who find themselves in court together will enter into a consent judgment as a means to resolve their dispute in order to avoid the time and expense of a trial. The courts provide basic consent judgment forms that the parties may revise to fit their specific situation. A consent judgment will usually contain payment terms with which the tenant must either comply or risk eviction.» Read More

Apr 17, 2015

It’s All About Performance, Specifically

Let’s say you’ve entered into a contract to buy a piece of property: your dream house, horse farm, or cattle ranch. The price has been negotiated at arm’s length, the contract is signed, you’ve applied for a loan, and you are looking forward to the closing date. The closing date finally approaches, but the seller puts it off. This happens several more times, and you start to get that sinking feeling.» Read More

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