Legal Question in Real Estate Law in New Jersey

Jurisdiction in these situations are that the town in which the majority of the land lies, and approval of that town is required. However, there may be exceptions,. Go to the town which the property tax is paid to and discuss the requirements with their Building Dept.

I must respectfully disagree with the attorney who gave you the previous answer. Which town has control over what part of the property is going to depend on a couple of things (including where the house is located), and you MIGHT not need variance approval or planning board approval at all if the lots conform to the zoning ordinances.

I represent a local zoning Board of Adjustment in Bergen County, and have done this kind of work for years.

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You will have to deal with the building department of both towns. If the new home does not result in any variances you should be able to rebuild with no problem. If you want local counsel, my office is in Morris County and I am familiar with most of the towns in the area. If you can make the contract subject to approval of the new home construction.