Legal Question in Real Estate Law in New Jersey
dump
we have a peace of property that the town of glassboro has used as a dump! it closed in 1972. they never closed it right and now it is time to sell to a builder . we have had it all tested and found over the years of the town use, they exceeded the original boundries of the dump.
they want to dig the trsh up that is outside the dump site and put it back! which i told them they could do but not for free! they said they will just [condemn} the property. they caused all these problems do i have to pay for there mistakes, or can i fight this?
thanks
--name removed--
3 Answers from Attorneys
Re: dump
Yes you can certainly fight it and municpalities often lose these cases. I know because I've sued local governmental entities on a number of occasions and you wouldn't believe some of the stupid things they do. The problem, of course, is that they have $$$ to wear you down. Although they usually have to pay your attorneys fees if you win in Court, these cases can be expensive to litigate and the fees and costs have to paid while the case is in progress, sometimes for months or even years. However, if it's fairly easy to prove they were in the wrong, they sometimes agree to a settlement fairly early on in the lawsuit.
Re: dump
Some of your description is not detailed enough for me to give you a full answer. If the town used your property as a dump, were they under contract to do so? And did they dump outside the area depicted by the contract? If they have said they would condemn the property, then you would be entitled to compensation for the value of your property. You definitely need to consult an attorney that specializes in real estate matters. I represent several clients in the Glassboro area. Please feel free to contact me for a free consultation at 215/564-3722
Re: dump
This is a complicated question, however, yo do have rights. There are many questions to ask beforegiving you advise, you should see a lawyer about this however. You should fight it. I caution you that it will be expesive litigation. ans you must consider that.
Scott E. Diamond
LL.M Trial Advocacy