Legal Question in Real Estate Law in New Jersey

Re: Removal of a Deed Restriction

I have been doing real estate and zoning law for quite a long time, and I must say I think your question will take a good deal of information to answer. There is a possibility that you will need to ask a Court to declare the restriction to be invalid, which may succeed; you may be able, depending on the wording of the deed, to avoid that, I can not tell. I suggest you speak to an attorney in person, with copies of all relevant documents in hand.

Re: Removal of a Deed Restriction

I agree with Bob that more information is required to answer your question. What exactly does the restriction say? Does the restriction refer to the lot description, or is it in a separate paragraph? It seems 2 different paragraphs are involved. Does the lot size, by legal description, conform to what you are calling a "double lot"? Exactly what do you mean by "double lot"? I presume you mean that the lot is double the size of similar lots in the area, or is double the size of the lot size for which it is zoned. If the intent is to allow a purchaser to build a second house (presuming the lot can be subdivided and still have 2 conforming lots), this will probably require some type of application to the local zoning or planning board for the subdivision approval. As stated, more information is required.