Real Estate
Changes to Foreclosure Sales Under New Jersey’s Community Wealth Preservation Program
Posted in Business & Commercial Law, Real Estate
In January 2024, Governor Phil Murphy signed into law the Community Wealth Preservation Program (CWPP), amending N.J.S.A. 2A:50-64 & N.J.S.A. 22A:4-8, which expanded the rights of certain purchasers before and at sheriffs’ sales of residential properties and made comprehensive changes to the foreclosure sale process for both residential and non-residential… Continue reading
Navigating Commercial Real Estate Litigation in Pennsylvania
Posted in Litigation, Pennsylvania Law Monitor, Real Estate
Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog post, we’ll explore key considerations for businesses and individuals involved in commercial real estate disputes in the Commonwealth of… Continue reading
The Significance of Title Insurance in Real Estate
Posted in Business & Commercial Law, Real Estate
If you have experienced the process of purchasing or selling real estate, it is likely that you have come across the phrase “clear title.” The concept of clear title is two-fold. Clear title deals with the property itself, referring to title that is free from liens, encroachments, or additional issues… Continue reading
“Render Unto Caesar What is Caesar’s, But No More” Money Grab by County Taxing Authority Held Unconstitutional
Posted in Condemnation & Eminent Domain, Real Estate
On May 25, 2023, the United States Supreme Court issued a unanimous decision in Tyler v. Hennepin County ruling in favor of a 94-year-old property owner from Minnesota who refused to accept the government’s alleged right to sell her home for unpaid real estate taxes and keep the excess proceeds… Continue reading
Philadelphia’s Commercial Activity License
Posted in Litigation, Real Estate
Companies that do business in the City of Philadelphia are required to obtain a Commercial Activity License from the City’s Department of Licenses and Inspections (L&I). While there are some exceptions, your company will likely need a license to own and operate a business in Philadelphia. If you or your… Continue reading
Evictions in Pennsylvania During the Pandemic
Posted in Business & Corporate, Real Estate
Evictions are currently prohibited in Pennsylvania through April 30, 2020. The Supreme Court of Pennsylvania’s April 1, 2020 Second Supplemental Order prohibits evictions, ejectments, or other displacements from a residence for non-payment of rent or taxes, or a mortgage foreclosure. Despite the ban, landlords are permitted to send termination notices… Continue reading
What If: My Tenant Won’t Vacate the Leased Premises?
Posted in Litigation, Real Estate
A tenant fails to pay rent or breaches another term of the lease agreement. The landlord terminates the lease. The tenant does not vacate the premises, and does not pay any additional rent. What can you, as a landlord, do to fix this problem? You can get the tenant out,… Continue reading
Who Can Be a Redeveloper of Property in New Jersey?
Posted in Commercial, Real Estate, Retail & Industrial Real Estate
One of the questions that I am frequently asked is, “Who can develop property in a redevelopment area?” As discussed below, redevelopment can be done by anyone, subject to restrictions discussed below, and is not necessarily restricted to just large scale developers. A redeveloper is defined by New Jersey’s Local… Continue reading
Installment Purchase Agreements for Real Estate
Posted in Real Estate
Traditionally, in Pennsylvania, an agreement of sale between seller and buyer “seals the deal” for the purchase of real estate. However, a prospective seller may also choose to have the buyer take possession of the property and “pay as he goes,” i.e. enter into an installment purchase agreement for the… Continue reading
Prescriptive Easements
Posted in Real Estate
The old Woody Guthrie song emphatically proclaiming “this land is your land, this land is my land” could well have its roots in the concept of a prescriptive easement in Pennsylvania. As recently explained in a Bucks County Court of Common Pleas case, Slice & Hook Enterprise v. McGonigal, 87 Bucks Co. L. Rep. 321, 329 (2014), a prescriptive easement exists when one establishes a right to use another’s land for some purpose, through “open, notorious, continuous, uninterrupted, adverse and hostile use” (although not inconsistent with the landowner’s use of the property), for twenty-one (21) years. Continue reading
