Right to Farm and Zoning Protection in New Jersey The Right to Farm Act provides protections against unduly restrictive local ordinances that would otherwise not permit certain farming practices. Put simply, Right to Farm allows certain activities, operations, and site improvements that are otherwise not
The new federal tax law creates a business income deduction of twenty percent for small businesses. This is a tremendous help to small businesses, particularly in New Jersey. But for limited liability companies which have elected to be taxed as an S-Corporation, there could be a
Building your Dream Home? You’ve got the land, you’ve got the architect’s plan, now you just need to hire a builder to construct your dream home. You meet with a few new home builders, discuss pricing and details, work out financing and insurance, and then
Limited Liability Companies are the most popular business entity used in forming any new business. This is because of its flexibility, tax friendliness, and protection of personal assets from business liabilities. They are easily set up, and many create them on-line themselves, use a service
We know you are out there - business owners and individuals who resort to cheap form contracts purchased online or from an office supply store. You have so many expenses and you've heard issues rarely occur. The form is affordable. You are a good
When is Partition Required? Partition actions divide land between owners based upon principals of fairness and are necessary when co- owners cannot agree. Imagine your neighbor and her two siblings inherit a small farm. Your neighbor has always dreamed of keeping the family farm, but
A Power of Attorney and a Health Care Power of Attorney for Young Adults Peace of Mind for Parents and A Measure of Safety for College Students A power of attorney and a health care power of attorney are important documents for young adults to prepare. Once
Non-disclosure agreements between businesses are becoming more and more common, as businesses team up together to accomplish common ventures and services, or even by those wish to sell. Non-disclosure agreements are not something that should be lightly considered as the poorly worded agreement may lead
Wire transfer fraud is increasing during the course of business and real estate closings. I recently learned of an attorney whose AOL email was hacked. Using a fake email address that appeared to be from the law office, the criminal emailed fraudulent wire transfer instructions
Will the Farm Stay in the Family? Farms are abundant in New Jersey, in part thanks to the hard work and handshakes of generations who lived before in simpler times. Unfortunately, the days of “handshake” deals are behind us. Charming, historic agricultural buildings are costly
“Is This the Right Property for Me?” You’ve found a fantastic property for your new business. By all appearances, your business plan has met its location. Other buyers are also looking at the property, your realtor is eager to get your offer in, and you
This just keeps happening to even the best of us! We can't find an old building permit, zoning permit, inspection record, or similar document related to past work on our real estate. Neither can the township. Code has changed. Inspectors have retired. Goblins broke into
Construction permits are issued by municipalities for construction activities on homes within their jurisdiction. The New Jersey Department of Community Affairs (DCA) oversees Uniform Construction Code compliance and enforcement and advises municipal officials, as needed. In the DCA’s bulletin 06-1, the DCA provides guidance for
Do-It-Yourself (DIY) is a go-to approach for businesses and households seeking to save money on various tasks. However, when it comes to navigating law, DIY can ultimately cost much more than any initial savings. We handle many matters which are created or made worse
Most Property Inspection Reports Contain Disclaimers When purchasing real estate, buyers typically hire a qualified inspector to review the property and advise of visible defects. When engaging an inspector, a buyer signs an agreement with the inspector. Understandably, these agreements typically include disclaimers which limit
Development in the Highlands Preservation Area. How do Highlands development restrictions affect agricultural development? Considerable farmland falls within the Highlands Region. Primarily intended to protect drinking water, over 800,000 acres of New Jersey, known as the, “Highlands Region,” have been designated either Highlands Preservation Area
Central New Jersey’s Agricultural Real Estate. In central New Jersey, we are blessed with the productivity and aesthetics of abundant agricultural lands. Whether they are in commercial agricultural production, a community supported farm, the home of equine enthusiasts, or part of a farm-to-table household, these
New Jersey Right to Farm Act Pursuant to New Jersey’s Right to Farm Act, “commercial farms” may engage in certain protected activities, free from interference by local zoning. While building permits are required, local zoning approvals are not required if approved by the State Agricultural
Looking to purchase property with contaminated soil and groundwater? Probably not, unless you are a brownfield’s redeveloper. Most purchasers of commercial property are counting on their property being “clean.” Environmental due diligence occurs in two phases: 1) review the current and historic activities at the
I was recently asked to speak about "Teachable Moments in Business" from my perspective as a business attorney. Not surprising, the first thing that came to mind are many of the family and small businesses that we have assisted in Central New Jersey. The opportunity to
Remember Joan Rivers? “Can we talk?” Can we? Why Do You Do It? Why do people try to handle legal matters on their own, without a lawyer? You know what’s going to happen. They are going to wind up in some lawyer’s office later with
The New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-53, et seq.) provides protections for tenants being wrongfully evicted. The law provides that landlords cannot simply evict a tenant. Instead, landlords must show good cause to remove the tenant before taking any eviction action. For example, landlords can
If you rent an apartment in New Jersey, you likely had to pay a security deposit before you moved in. While you may have paid your security deposit, you may not be fully aware of the rights and rules related to the security deposit and
Government records are often a valuable tool for obtaining information relevant to a buyer’s due diligence, litigation, consideration of land use applications, and similar legal issues. Keep in mind, however, that the information received is only as reliable as the accuracy and precision of the
Determining whether a person is operating as an employee or an independent contractor is significant for many reasons, including taxation purposes, coverage under key employment statutes such as Workers’ Compensation Act, Law Against Discrimination, and Unemployment Compensation Law, tortious liability, and in determining the duties
Real estate assessments are based upon the value of the real estate as of October 1st of the prior year. Notices of Assessment must be mailed by municipalities to record owners postmarked by February 1st of each year. Therefore, now is the time to determine
I have increasingly been asked to review transactions or relief offers involving time shares and and vacation properties where buyers find themselves suffering buyers' remorse. Many different issues have arisen over the years, but a common theme is that the contracts strongly favor the seller
When Can Commercial Tenants Appeal? N.J.S.A. 54:3-21 authorizes any aggrieved tax payer to file an appeal, subject to other jurisdictional requirements. The Superior Court has confirmed that, if tenant’s lease term covers an entire tax year, and the tenant is require to pay the real
Farmland and Woodland Assessment Throughout Hunterdon County and surrounding areas, many landowners enjoy a reduced real estate tax assessment on their land, by devoting the land to agricultural use or woodland management. On or before August 1st of each year, these landowners must submit a
In the eyes of the law, many business entities are considered to be separate “persons” from their human owners. This is an important concept to master, since it explains many of the procedures with which owners of S-Corporations and Limited Liability Companies must comply. Owners
In New Jersey, most residential tenants are not required to move out at the end of the lease term.* Surprised? So are many attorneys and realtors. In fact, I typically need to repeat this statement a few times while it sinks in. “Most residential tenants
Increased Minimum Gross Sales Beginning in the Tax Year 2015, lands subject to farmland assessment must establish $1,000.00 in gross sales for the first 5 acres of preserved farmland, and $5.00 for each additional acre. Prior to this change, only $500.00 in gross sales was required
Spring 2014: Attorneys Nicole L. Voigt and Robert J. Shanahan, Jr. completed a 30 Hour Civil Mediation Training Course conducted by the New Jersey Association of Professional Mediators (NJAPM): a prerequisite to appointment to the Roster of Court Appointed Attorneys for the Civil Division to
What is Attorney Review: In New Jersey, standard form real estate contracts typically used by realtors must, by law, include an attorney review provision. As per this standard provision, within three business days, either parties’ attorney may “disapprove” of the standard form contract and propose
Underground storage tanks (USTs) are a known risk in real estate transactions, and should be considered in every buyer’s due diligence. Whether residential, commercial, industrial, or agricultural, a leaking UST can have serious financial consequences and can, if not properly addressed, become the buyer’s problem
Courts, Modifications, Short Sales, and Deed-in-Lieu By Nicole L. Voigt, Esq., Attorney at Law Nicole L. Voigt, Esq., Real Estate Attorney Homeowners facing foreclosure find themselves in a marketplace. They receive solicitations from private companies guaranteeing work-outs (be careful – these are often
Nicole Voigt Real Estate Lawyer Hunterdon County NJ Fall is in the air, the kids are back to school, and real estate attorneys are busy closing on spring and summer home contracts. Those that follow the local real estate market can find data
MUST UPGRADE TO SEPTIC SYSTEM AS CONDITION OF SALE Cesspool, or septic? Will upgrade regulations delay closing? Effective June of 2012, properties serviced by a cesspool, privy, outhouse, latrine, or pit toilet may not be transferred without upgrading to a septic system. (NJAC
Your real estate taxes are based upon the assessed value of your property. Every year, the municipal tax assessor determines the value of your property, with the annual real estate assessment. Your assessment includes two parts: the value of the land, and the value of
In a January 8, 2013 opinion, the Tax Court of New Jersey addressed the issue of whether roll-back taxes may be imposed upon loss of an agricultural assessment, when the subject property undergoes no change in use. The case involved a Raritan Township property which
How you take title to real estate determines your present day rights to the property, and affects how the property will transfer upon the death of one owner. It is important that you know how you own property and consider rewording a new deed if the ownership
The Consumer Fraud Act regulates home improvements in cumulative excess of $500.00 provided on existing residential properties. A home improvement provider that is required to comply with these administrative and business practices, but fails to do so, is strictly liable even for unknowing oversights, with
The below checklist is for informational purposes only, and does not exclude the Landlord from complying with any other requirements imposed by local, state, or federal law, nor does it replace the advise of an attorney. Not all requirements apply to all properties. Review the