Legal Question in Real Estate Law in New Jersey
Deed Restictions
I have a deed restriction which was placed by the town. The town would like to remove the restriction from my deed but that need a law or case law that allows it. To be frank I would like to tell you the whole story that led up to this point but I am limited by how much I can type in the text box. To make a long story short there is a NJ statute 40:60-51.2 that allows the municipality to remove a restriction but it requires me to have a public hearing which the town and I would like to avoid. Is there any way I can get rid of this restriction.
The restriction in the title reads:
This conveyance is subject to the following restrictions, which restriction shall run with the land and is intended for the benefit of the municipality and its residents; No building or structure of any kind shall be built on the premises conveyed.
The restriction was imposed by the “The Inhabitance of the Town of xxxxxxxxxxx”
Please Help
2 Answers from Attorneys
Re: Deed Restictions
In reading the statute as well as 40:60-51.5 which would also apply, it would appear that a public hearing is in fact required. If you need any further help or document review/preparation, please contact my office. Good luck.
Bernard J. Berkowitz
Re: Deed Restictions
Since the requirements are statutory, the statute must be followed. There are many legitimate reasons for a restriction of the type you describe which involve community interest (a quick example is where an undersized lot is sold by the Town to an adjacent owner, maybe for a small sales price). Since there was a public resolution authorizing the sale in the first place, public hearings are required. This happens frequently and to do anything without following the laws leads to great exposure if a resident wants to contest it, especially if a zoning hearing will become involved in the future.
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