New Jersey Real Estate Lawyer

Real Estate Attorneys in New Jersey

Varcadipane & Pinnisi P.C. has extensive experience in real estate law. Our certified trial attorneys regularly represent home buyers and sellers as well as investors in commercial property. Our experience includes representation in such diverse real estate matters as landlord and tenant issues, condominium and co-op matters, and environmental law issues.

Whether you are an individual, small business, or experienced developer, buying and selling real estate can be a frustrating process that is often riddled with technical snafus and attended risk. There is no substitute for representation by an able and experienced real estate attorney. At Varcadipane & Pinnisi, P.C. our NJ and NYC attorneys will take the time to explain the issues involved in your transaction as well as the options available to you for resolving those issues. We will guide you through your real estate transactions so that you can be secure that your interests will be completely protected by able counsel.

We offer flexible fee and billing schedules, and for home buyers and sellers, we typically do not require payment until your transaction closes, which means you do not have to pay any fees upfront. For straightforward purchases and sales, we often offer flat fee rates instead of hourly fees, so you know in advance exactly what our fees will be. For the services we offer, we are confident you will find our fees to be very reasonable.

Residential Real Estate Purchase/Sale

We have extensive experience in every aspect of residential property sales and purchases, and we scrutinize even the minor details to protect you and your transaction. Whether you are a first-time or an experienced homebuyer, you can rely on the New Jersey residential real estate purchase/sale lawyers from Varcadipane & Pinnisi, PC. 

Commercial Real Estate Purchase/Sale

We know the impact of complex zoning and land use codes on all aspects of commercial real estate transactions in New Jersey, as well as knowledge of state, county, and municipal laws, as well as interpersonal skills, are critical to success when guiding our clients through a real estate transaction. Contact us today for a complimentary case review with our experienced New Jersey commercial real estate purchase/sale attorneys.

Boundary or Property Line Disputes

Boundary and property line disputes in New Jersey are governed by state and local law and zoning restrictions. Unlike most states, New Jersey’s laws focus mostly on fences containing animals but permit local governments to govern their local fences. In addition, New Jersey does not have a statute governing “spite fences” put up for no other reason than to annoy or harass a neighbor.

There are generally four kinds of property line disputes. These are:

• Lot line disputes – These most often arise in the context of a property sale or when a survey is taken for any purpose. They are generally resolved by referencing the original property documents, including deeds and surveys, in public records.
  
  
• Fence, landscaping, and outbuilding disputes – These disputes arise when a fence, landscaping feature, or outbuilding is alleged to be on the wrong side of a property line. One option, not always practical, is to remove the misplaced item. If, however, the item is on the wrong side of the line, the owner on whose property it is placed has no obligation to permit it to remain. Other options include granting an easement or license to the improvement owner, allowing the use of the property for that limited purpose. The owner may require payment or payments for such easement or license. Finally, it may be possible to sell the improperly used land to the improvement owner.
• Access disputes – These occur, especially in rural areas, where one landowner needs to cross a neighbor’s property to access a road or other purpose. In urban areas, they may arise when one owner attempts to expand parking. Again, reviewing the original property records is the first place to start resolving these disputes.
  
  
• Adverse possession claims – Adverse possession arises when a trespasser publicly inhabits and improves an otherwise neglected property. After 30 years of such occupation, New Jersey law will allow the occupier to seek to gain the title. To do so, the party on the land must establish:
  • Hostile possession – which simply means without the owner’s permission
  • Actual possession – which means physically occupying the property
  • Open and notorious possession – possession must be obvious to onlookers.
  • Exclusive and continuous possession for the required period by one occupier.

Below are some of the provisions of New Jersey boundary dispute laws:

Boundary Fences

Fences in agricultural areas must be at least four-foot-two-inches and strong enough to keep out cattle or horses. Owners cannot use barbed wire unless neighbors consent. When property owners share a boundary and use their land for pasture or animals, they must maintain a “partition fence” between them unless they decide to allow their lands to lie vacant and open. Disputes related to fences or boundary lines will be decided by two members of the township committee where the property is located.

Spite Fences

Spite fences are those put up solely to annoy or harass a neighbor. New Jersey has no specific laws relating to spite fences. However, installing any fence requires a zoning permit and must satisfy local building ordinances and codes.

Tree Trimming Rules

Branches, roots, or limbs that cross a boundary line may be legally considered a nuisance. A New Jersey property owner can trim a neighbor’s tree branches to the extent they encroach on the owner’s property, but only to the property line. However, the trimming owner cannot injure the tree.

We also handle:

• Development Projects, Land Use, Site Plan and Subdivisions
• Permits, Variances, and Environmental Compliance

Contact a New Jersey Real Estate Attorney Today

Give us a call at (886) 643-0606 or fill out this form, to arrange an immediate free consultation with a real estate attorney in Paramus, NJ or NYC. With very little information, we can quickly tell you what services we offer and our fees.

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