New Jersey real property law deals primarily with the ownership of land. New Jersey real property law education and training should include recognition of the most important classifications of real property. These include concurrent estates, freehold estates and non-freehold estates.

NJ real property law generally allows the state exclusive jurisdiction over the land within its borders. For the most part, these laws are not subject to federal law. There are three phases to an attorney’s education on real property laws in New Jersey:

1. Formal education. New Jersey real estate lawyers should have at least have a Juris Doctor (J.D.) degree. The J.D. degree should come from a law school that is accredited by the American Bar Association (ABA).
2. Specialization. Attorneys frequently choose to specialize by taking specific training in real property law in New Jersey. These courses may be taken as a program of concentration in law school or as Continuing Legal Education (CLE).
3. Membership in professional organizations. There are many legal organizations that offer education events and networking for attorneys who practice real property law. These may be bar associations, organizations for a particular cause or groups exclusively for practicing real estate attorneys.

Action Steps
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Attend a law school that specializes in New Jersey state real property laws

There are a variety of universities in New Jersey that provide training in real property law, such as specific coursework, a formal concentration or legal clinics.

I recommend: Seton Hall University School of Law promotes excellence in real property law with the a cash award for the student receiving the highest grade in real property. Rutgers School of Law in Newark awards the Miron M. Walley Memorial Prize to a graduating student who excels in coursework on real estate transactions.

Obtain CLE credit for a New Jersey property attorney

New Jersey requires attorneys to stay current on changes in employment law with CLE courses. There are a variety of education and training programs in New Jersey that provide CLE credit in real property law.

I recommend: The New Jersey Institute for Continuing Legal Education provides many CLE courses on real property law in New Jersey. The National Business Institute offers live seminars on real property law in New Jersey for CLE credit.

Learn through professional training associations on New Jersey property state laws

Professional associations frequently offer formal training such as conferences, seminars and workshops in employment and labor law. These organizations also provide more casual meetings that allow attorneys to exchange tips on building and maintaining a practice.

I recommend: The New Jersey State Bar Association provides a calendar of events which can be searched by legal area, such as real property law. Essex County Bar Association maintains a regular calendar of events, including training dedicated to real property law in New Jersey.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  A New Jersey real estate attorney may wish to specialize in a particular type of real property to provide better service for his or her clients. For example, an attorney may learn about the specific property laws on farming in order to build a practice around agricultural property.

New Jersey real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.

Some aspects of New Jersey property law will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.

Keep the following points in mind when you speak with a New Jersey property lawyer:

1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by New Jersey state real property laws. These rights include not only ownership but the right of use.

2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.

3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.

Action Steps
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Obtain insurance from an agent familiar with real property law in New Jersey

The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.

I recommend: To make sure you cover everything you need to, check out the Insurance Services Group website for information on specific types of property insurance coverage for business owners. Nationwide has agents throughout the country and its website offers an agent search capability by name or location.

Find a tax lawyer who is familiar with NJ real property law

Taxes generally are higher on business property than residential property and most businesses will require the services of an attorney who is familiar with New Jersey property state laws. This will ensure you pay your taxes on time and receive any deductions that you are allowed.

I recommend: Select your city at AttorneyLocate.com and then select real estate as the practice area. Lawyers.findlaw.com locates real estate attorneys in Louisiana that you can select by city.

Hire New Jersey real estate lawyers to handle real estate transactions

A business owner should have a real estate attorney's assistance in drawing up a contract when buying, selling or renting property. Your attorney can ensure that the contract protects your interests and is legally enforceable.

I recommend: Toms River-based John Marut has specific experience in real estate, especially purchases, sales and refinances. Midland Park-based Joseph A. Molinaro includes landlord and tenant law as one of its real estate specialties.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Small businesses normally hire an attorney that practices New Jersey real property law by the hour, rather than keeping one on retainer. While a lawyer is necessary when buying and selling property, you can save money by completing as much paperwork as possible by yourself.