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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:
- 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).
- 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).
- 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
The best contacts and resources to help you get it done
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 law firm with expertise in real estate law, bankruptcy asset sales, foreclosure proceedings, and real estate litigation.
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
The best contacts and resources to help you get it done
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.
New Jersey law firm with expertise in real estate law, bankruptcy asset sales, foreclosure proceedings, and real estate litigation.
New Jersey real property law refers to all of the laws, rules and regulations attached to the buying and selling of commercial and residential real estate. These laws are then used and cited in everything from mortgage contracts to court cases involving new Jersey property.
Take the time to learn about a few of these terms so that you'll be able to negotiate the best deal on a piece of commercial real estate. Here are a few of those terms, along with some resources.
Action Steps
The best contacts and resources to help you get it done
New Jersey tax assessment appeal
A New Jersey tax assessment appeal refers to an act that commercial or residential property owners may perform if they feel that their property has been over-valued, resulting in higher taxes. Real property attorneys within the state of New Jersey will help property owners file such an appeal.
I recommend: Visit the website for Pepper Hamilton, a real property law firm in New Jersey, for further information on filing a tax assessment appeal.
Variance
A variance, in terms of New Jersey real property law, is a change or addendum to the to the current zoning requirements for a piece of property. For instance a business might seek a variance to expand a sidewalk in front of its location.
I recommend: Visit Pitman, Mindas, Grossman, Lee, Bross & Moore for additional information on variances and how they affect commercial and residential property.
Joint ownership
Joint ownership, in terms of New Jersey real property law, is a legal term and statue that automatically transfers the balance of the title to a co-owner of a property when the other party dies.
I recommend: Visit the official website for the New Jersey Judiciary for additional information on how joint ownership operates within the state of New Jersey.
New Jersey Division of Land Use Regulation
The New Jersey Division of Land Use Regulation has a series of rules and regulations, which are part of New Jersey real property law that commercial and residential land owners must abide by legally. The NJ Division of Land Use Regulation covers everything from regulating flood hazard areas to coastal permitting.
I recommend: Visit the website for the New Jersey Department of Environmental Protection for additional information on what the division of land use covers and how it relates to the commercial property in question.
Zoning and planning
Zoning and planning, in relation to New Jersey real property law, is a set of laws, rules and ordinances that define what and how structures may be built on a piece of property. For instance some property is zoned commercial, therefore a business can be placed there. Zoning laws often effect real property court cases.
I recommend: Visit the official website for the borough of Collingswood, New Jersey. They offer a comprehensive look at what zoning planning laws cover in relation to commercial and residential property.
Access control
Access control refers to the right of the New Jersey state government to create entrances and exits to public roads on a commercial or residential property.
I recommend: Visit the website for Real Estate Lawyers New Jersey.com for additional information on access control and other New Jersey real property legal definitions.
New Jersey law firm with expertise in real estate law, bankruptcy asset sales, foreclosure proceedings, and real estate litigation.
NJ real property law governs all real estate transactions within the state of New Jersey. Whether it is a commercial or residential purchase or sale, it is imperative to be up-to-date on New Jersey real estate law so that you know how those laws affect your real estate investments and transactions.
Take the time to locate the news sources that cover real property law in New Jersey so that you'll be able to easily stay on top of the latest information. Here are some resourceful links to get you started on your journey of locating New Jersey real property law news and trends.
1. Find state agencies that report the news associated with New Jersey property law.
2. Read the websites for New Jersey real estate lawyers to learn the latest news and trends associated with real property law within the state.
3. Locate online publications that cover New Jersey real property law news and trends.
Action Steps
The best contacts and resources to help you get it done
Locate information on New Jersey real property law through state associations
There are several state associations that must follow the rules and regulations of New Jersey real estate law as passed by both the federal and state legislatures. These state government departments often detail legislative news about New Jersey state real property laws so that their members and other people who interact with the department are up to speed on the latest info.
I recommend: Visit the website for the New Jersey Bar Association. They have a news section that details the latest news in regard New Jersey real estate laws as well as other state laws. Also the New Jersey Real Estate Commission has a "hot topics" section to their website that details the latest news.
Find out about NJ real property law through a New Jersey real estate attorney
It is quite common for a New Jersey property law firm to post the latest news on their websites. This allows potential clients to read up on the latest legislative changes or other trends that may affect a case or claim they are trying to make regarding a piece of property. Read these websites and then consult with a real property attorney so that you can deem how the latest laws apply to you.
I recommend: Visit the website for Mauro, Savo, Camerino & Grant. They are real estate attorneys in New Jersey that also publish a newsletter for current and prospective clients. Real estate attorneys Barry, Corrado, Grassi & Gibson also have a news section on their website.
Find New Jersey real property law news and trends by reading news publications
Whether it is a newspaper in print form, or an online news source, there are many papers in and around the state of New Jersey that cover real estate and the laws that govern it. Locate these news publications and read their real estate or business sections to stay up-to-date on the latest federal, state and county laws affecting real property law within the state of New Jersey.
I recommend: Visit the real estate section for the website NJ.com. There is a news section that details many aspects of the real estate industry within New Jersey including the news and trends associated with real property law. NJBiz.com also has a section dedicated to real estate that covers the latest law changes.
New Jersey law firm with expertise in real estate law, bankruptcy asset sales, foreclosure proceedings, and real estate litigation.

