Real Estate

Experienced New Jersey Real Estate Attorneys

At Burns, LeBrocq, Wolfe and Associates, we represent clients in all New Jersey residential and commercial real estate proceedings and transactions. Our attorneys frequently assist with the sale and acquisition of property, from purchase agreement through settlement; our services include the preparation of all of the necessary paperwork for a purchase, sale or lease of land, so clients can concentrate on their long-terms goals for the transactions.

Our real estate attorneys are very familiar with New Jersey property issues related to sales and leasing, including surveys, deeds, leases, easements, title examination and loan documentation. Our real estate clients include developers, contractors, landlords, tenants, homeowners' associations and purchasers and sellers of real property. Some examples of the real estate services that we provide include:

• Closings
• Leases
• Easements
• Mechanics Loans
• Foreclosures
• Title Issues
• Development Agreements
• Construction Contracts
• Zoning and Land Use
• Environmental Issues

If you have a New Jersey real estate issue that might require legal assistance, we are here to work with you. Contact us with questions about they ways in which we can help.

Defending Your Home from the Unexpected

The good news is that your community is finally going to have a new school. The bad news is that it's slated for your land. Or maybe you've received a notice that someone has filed a lien (a what!) on your home and may ask a court to foreclose. Or you're about to sell your property and you are prevented because the government has filed a lien on taxes due that the previous owner didn't pay.

Here's a quick guide to the legal principles involved. {For specific questions the lawyers at Burns, LeBrocq, Wolfe and Associates are available. [1-(732) 596-1999]}

Eminent Domain

Since ancient times, governments have had the right to obtain private property for governmental purposes. This power, called "eminent domain," is practically universal. But in the United States this power is limited by the Bill of Rights, which grants people the right to due process of law and just compensation if they're deprived of their property. With your lawyer's help, you'll be able to see that your rights are fully protected.

The federal government and individual states may delegate their condemnation power to municipalities, highway authorities, forest preserve districts, public utilities, and others. This means these authorities have a legal right to condemn your property for public purposes, requiring you to sell it to make room for a new freeway or an expanded park playground.

If the government wants your land, you may hear about it informally at a public hearing on the matter. Chances are you and your neighbors won't be happy about it. You should consult your lawyer as soon as possible. One approach your lawyer may recommend is to work with neighbors to convince authorities to change the plans--perhaps making the new road narrower so it doesn't take people's front yards.

Your first official notice will probably be a letter indicating interest in acquiring your property (or a portion of it) for a given purpose. That's when you and your lawyer will be able to begin to negotiate. The government will probably have your property appraised and make you an offer, called the pro tanto award. You may accept it or refuse it. If you accept it, the government may ask you to sign a document waiving your right to sue for more. Some government agencies offer a bonus to entice people into accepting the pro tanto award, because paying a bonus may be cheaper than going to court.

If you don't think the offer is high enough, your lawyer can negotiate for more and prepare your case for possible trial. If the case does go to trial, it's a battle of experts. Each side brings in various expert witnesses to testify to the value of the property, which is ultimately set by the jury.

Liens

A lien is a claim that someone files on your property for the satisfaction of a debt. If you refuse to pay the debt, whoever files the lien may ask a court to raise the money by foreclosing on your property and selling it. If you've got a mortgage, your mortgage lender would probably be first in line for payment. You'd get only whatever was left after the mortgage company and the creditor had been paid; and you wouldn't have your home.

The more likely scenario, though, is that the lien would seriously hamper your ability to sell the property-it's a cloud on the title that any prospective buyer will want you to clear up.

There are several types of liens. The mechanics' lien has nothing to do with the guys down at the garage. It's typically filed by contractors or subcontractors who have worked on your house (or suppliers who've delivered materials) but have not been paid. To force payment, the law allows them to file a mechanic's lien against the property at the local recording office.

In some states contractors and subcontractors have to notify the homeowner if they intend to file a lien, but in others your first word is notice of actual filing. If the prior owner had work done shortly before selling but neglected to pay the bill, the lien could come as a total surprise to you.

If you're the one who had the work done, and paid every dime for it, you could still have a mechanic's lien if your contractor failed to pay your subcontractor or materials supplier. That's why you're well advised to withhold final payment until the contractor gives you a release-of-lien form signed by all subcontractors and material suppliers.

Community association liens could bite you if you bought a home in a condo, co-op or other common-interest community such as a planned unit development. The association could slap one on you for the previous owner's unpaid assessments. To prevent this unpleasant surprise, ask at the closing for a certificate of payment from the association to assure that this is not the case.

And some liens might be the result of your own financial difficulties. Unpaid child support could cause your state to slap a lien on the property if you're a divorced parent behind in child support. A court judgment could also lead to a lien if a court has ordered you to pay a particular debt.

When you find out about any lien, see your lawyer immediately to determine your best course of action. If the property is about to be sold, and if the lien is valid and the amount in question is relatively small, even if it were someone else's debt your lawyer might advise you to pay it off yourself to clear the title and make a sale possible.

Make sure the payee signs a release-of-lien form, and you or your lawyer can file it at the county recorder's office ("land title" office) to clear the title. You can then decide if you want to pursue whoever was responsible for the debt in the first place.

If the amount of the lien is major and you believe it's not your debt, consult Burns, LeBrocq, Wolfe and Associates about what to do.

Taxes and Special Assessments

The debtor that's placed a lien on your property doesn't have to be a person or a business-it can be the government. Besides normal property taxes that may be owing, there are various kinds of special tax assessments. If the city upgrades the sewer or puts in a new sidewalk, all homeowners served by the improvement may be required to pay their proportionate share of the cost. Normally this is done through a special assessment voted by the city council and communicated to homeowners with a notice. If your home's prior owner failed to pay it, it may be your responsibility to do so.