Legal Question in Real Estate Law in New Jersey

Re: land developed on without owners consent

Somebody has made a serious mistake here. I would be shocked if a developer had built an entire community on a property without having clear title. Admittedly, stranger things have happened. However, the money involved prior to the construction of the community would dictate that the developer be sure that he owned the land. You need to consult with an attorney immediately about this. You must keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly could be factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: land developed on without owners consent

First, check how the developer acquired title and from whom. Get a copy of their Deed. If the land was improperly built upon you have evaluation and payment recourse through the courts. However, there may have been things that occured through the years that you might not know about, so a Deed seach is the place to start.

Re: land developed on without owners consent

If the land is truly yours, than you can sue. The question really is whether you had title on said land. How long did you not pay attention to said property. There is something called adverse posession. If someone enjoies your land in the public eyes, openly for a period of 30 years the land can become his.

savy grant

201-646-9600

Re: land developed on without owners consent

Your rights depend, in part, on how long the builder has occupied the land. Generally speaking -- and not necessarily specifically to New Jersey law -- there is a concept known as "adverse possession," in which someone other than the rightful owner obtains legal possession to land under certain circumstances indicitive of the original owner's abandonment of it.

For example, if a squatter, say, lived on someone's land for a long period of time (typically 20 or 21 years -- although I don't know New Jersey's law on this offhand) in an open, continuous, exclusive, adverse and notorious way and the rightful owner did nothing about it, the squatter could claim rightful possession of the land.

Thus, if the builder has had the development or some other ownership-like actions over the property for some long period of time, the builder may have a claim to acquire title (and, concomitantly, you would lose your claim to title).

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.

Re: land developed on without owners consent

Is it possible that property taxes went unpaid and the developer bought the property from someone who picked it up at a tax sale? It seems unlikely that a title company would insure banks lending millions of dollars for development without clear title to the property.

Re: land developed on without owners consent

It would appear someone has made a serious mistake here. You should immediatly retain an attorney to investigate the actual facts and search the chain of title. Developers usually spend many thousands of dollars making certain they obtain clear title before construction. Do not delay.