Legal Question in Real Estate Law in New Jersey

Illegally sold land

We are a non-profit organization and just found out that our property that was supposed to belong the community members was illegally sold by a past president in 1975, we have paid taxes, insurance and repair costs on this property since 1927 and it was supposed to be a community, non profit organization with the ''people'' as the owners, the old deed we have stated that but we were unaware this new deed excisted unitl yesterday. The deed states the old presidents name, the new owner and the purchase price. We are not supposed to be privately owned, it is a community project.Do we have any grounds to sue for our property back? We don't know what to do, any suggestions would be greatly appreciated.

Thanks so much for your time and your help.

Asked on 10/12/06, 8:48 am

2 Answers from Attorneys


Re: Illegally sold land

you probably do. This is a complex issue that will involve a lot of investigation and discovery. You will need to go to Chancery COUrt to set aside the deed. There may also be criminal impications. You must hire an attorney for this. It is too complex. Jeff Weiner in my office can give you advise.

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Answered on 10/12/06, 9:31 am
John Corbett Corbett Law Firm LLC

Re: Illegally sold land

It sounds as if you do have a cause of action against your former president. You may even be able to have the transfer set aside if it can be shown that the purchaser knew that the transfer was improper according to your rules.

That said, there are a lot of questions to be answered before a claim could be made with confidence. To tell how to proceed, I would need to know more about your community organization, its rules, and its history. Everything about the transaction that led to this transfer is also important.

Now that you are aware of the problem, it is important that you do not delay in pursuing your claim. If the property is subsequently sold, you will probably lose the ability to ever get it back. The weight of certain arguments that we might make also decreases the longer you have knowledge of the problem and do not act.

A more detailed answer than that would require a review of the other information that you have. If you would like to discuss the matter with me, please call using the contact information associated with this answer.

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Answered on 10/12/06, 9:42 am

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