Real estate ownership takes many forms in New Jersey. Rights in real property change based on the number of owners and their percentage share, martial relationships, whether subject to inheritance or automatic transfer, death of a beneficiary, use restrictions, right of re-entry, and termination upon the occurrence of a pre-defined event. Deeds in New Jersey … Read more
Deeds transfer ownership in real property from the grantor to the grantee in New Jersey. For example, a seller (grantor) uses a deed to transfer ownership to the buyer (grantee). Parents (grantor) often freely transfer to their children (grantee). Deeds are characterized by “guarantees” the grantor makes about their interest in the property, and “promises” … Read more
Deeds are a legal document that transfers ownership in real estate. New Jersey recognizes multiple kinds of deeds: bargain and sale, quit claim, sheriff’s deed, deed in lieu of foreclosure, special warranty, and general warranty deeds. The New Jersey Recording Act requires that deeds must be recorded to be fully enforceable against future claims. The … Read more
New Jersey is a pro-tenant state and “functional tenant” case law adds another barrier to evictions.
Even where a lease explicitly terminates upon death, an occupant in premises leased by a deceased family member can be entitled to protection under the Anti-Eviction Act.
On June 22, 2020, the Appellate Division in Golden Apple Holdings, LLC v. Estate of Caridad Perez applied the “functional tenant” doctrine to reverse a warrant of removal.