Category Archives: Land Use Zoning Development
What is a subdivision?
Pursuant to Section 7 of the Municipal Land Use Law, a subdivision is defined as follows: “Subdivision” means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning… Read More »
Which Board Hears Which Cases?
There are three types of boards: Planning Boards, Zoning Boards of Adjustment and Land Use Boards. Planning Boards handle applications involving permitted uses, site plans, and subdivisions. Zoning Boards of Adjustment, also known as Zoning Boards or Boards of Adjustment, hear any application requiring bulk or use variances that do not have a site… Read More »
What is the Difference Between an Easement Appurtenant and Easement in Gross?
Whether you are buying or selling real property, or you are trying to obtain or grant an easement on real property, it is critical to understand the terminology around easements and land use in New Jersey. Sometimes easements can come as a surprise if you are purchasing property and did not realize that there… Read More »
Who sits on the Zoning Board?
Generally, once the municipality adopts a zoning ordinance, it must also create a zoning board of adjustment. The zoning board of adjustment must consist of seven (7) regular members and no more than four (4) alternate members. The members of the zoning board are generally appointed by the mayor or governing body. Each regular… Read More »
Important Terms in Zoning and Land Use
Pursuant to Sections 3 through 7 of the Municipal Land Use Law, the definitions of important land use terms are as follows: “Applicant” means a developer submitting an application for development. “Application for development” means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned… Read More »
What is an Easement?
Land use law in New Jersey is a relatively broad area of the law that encompasses many different matters pertaining to the use of residential, commercial, and municipal property. Sometimes the issue of easements arises in New Jersey land use law — either for a party who wants or needs an easement, or for… Read More »
Do I Need a Variance to Renovate My Home?
If you own a home in Summit, New Jersey and are considering making renovations to your home, it is essential to know that you will likely need to apply for a variance with the City of Summit Zoning Board. In order to receive the variance you need to begin and complete renovations, your application… Read More »
Can I Use Residential Property for Commercial Purposes or Vice Versa?
Buying real estate in New Jersey can be an exciting endeavor, and you may see a specific property that would be ideal for your needs. However, you might learn that the property is not zoned according to your needs. For example, you may see residential property that you want to buy for commercial use,… Read More »
Understanding Easements by Necessity
In New Jersey and throughout the country, there are various types of easements connected to properties and to the owners of those properties. Easements are, in short, legal agreements through which one party or property has access to the other’s property without having any legal ownership interest in the property. Easements are also known… Read More »
What is Adverse Possession?
If you own residential real property in New Jersey, whether your primary residence or a vacation home or income property, you might have heard about the possibility of something known as “adverse possession.” Or, even if you have not heard that term used before, you might know that there are, in some cases, ways… Read More »