Specializing in New Jersey Land Use Law & Zoning Law
Tidelands, Title, Land Use & Zoning
TIDELANDS, TITLE, Land Use and Zoning Attorneys in New Jersey
Tidelands, Title, Land Use & Zoning pertains to the regulation, development and use of real estate. Within these categories, Zoning refers to cities and municipalities managing and directing development within their borders. Land Use, or land planning, is how real estate is to be used to suit the owner’s need(s). The tidelands law and land use attorneys of Davison Eastman Muñoz Paone, P.A. have decades of extensive experience in all forms of land use & zoning law in NJ.
We counsel financial institutions on a critical issues, including land use approvals, environmental concerns, title defects and collateral priority.
We understand the municipal land use law and are familiar with its intricacies. Our land use and zoning attorneys can advise on subdivisions, site plans, zoning officer determinations, bulk variances and appeals concerning conditional uses.
We are tidelands, title, land use & zoning pundits. We are municipal attorneys. We are public speakers and thought leaders in property use, both land and water.
Documentation. Zoning codes. Environment. Designations. Ordinances. Variances. These are all complicated and very real challenges – any of which can be overcome given appropriate and experienced knowledge, adept consultation and skilled planning on your side. Speak to an experienced commercial real estate or land use attorney today.
Davison Eastman Muñoz Paone, P.A.
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For over three decades the attorneys at Davison Eastman Muñoz Paone, P.A. have applied their in-depth experience and outstanding service to clients in an increasingly wide spectrum of the law.
Our clients trust us to represent them on a multitude of general and complex issues that might arise in any business, individual or family setting, including tidelands, land titles, land use and zoning law in NJ.
We have offices in Freehold (Monmouth County), NJ and Toms River (Ocean County), NJ.
TIDELANDS, TITLE, LAND USE & ZONING
FREQUENTLY ASKED QUESTIONS
WHAT IS R1 ZONING IN NJ?
Generally, the “R” stands for “Residential” and the numbers represent the size of the lot(s). This numbering system will vary by municipality. In one municipality, for example, “5” may stand for a single-family home on a 5,000-sqft lot, and in another municipality, it may mean one house on five (5) acres.
WHAT ARE THE DIFFERENT TYPES OF ZONING?
Typical zoning districts could be commercial, residential, industrial, agricultural, resort, etc. The quickest way to gauge what zone your property is in is to look at your town’s zoning map.
CAN A PROPERTY OWNER BLOCK AN EASEMENT?
Generally, no. Deeds of Easement may provide for certain uses of the property, but most will require that access be allowed. Sometimes easements are misused or expanded, but property owners should not attempt to block access in such circumstances. You need a lawyer to evaluate your rights and determine whether a Court may vacate or modify the easement.
CAN YOU DENY ACCESS TO A LANDLOCKED PROPERTY?
A landlocked property may have a right of access by necessity. This will depend on how the property became landlocked and the historical use of the parcel and surrounding properties.
CAN A PROPERTY BE ZONED COMMERCIAL AND RESIDENTIAL?
A zone could permit both residential and commercial uses. Some zones encourage mixed use development with commercial on the first floor and residential on the upper floors. The municipality’s Ordinances will provide more detail on the particular uses that are allowed in any given zone.
HOW DO YOU FIND ZONING FOR A PROPERTY?
The municipality’s zoning map will provide the zoning designations for all property. Often, zoning maps can be located on the municipality’s website.
HOW DO I REZONE A PROPERTY FROM COMMERCIAL TO RESIDENTIAL?
The governing body of a municipality has the authority to change the zoning of property. If the governing body refuses to do so, a property owner may seek a use variance by applying to the Zoning Board. Depending on the use proposed, a variance may be very difficult to obtain, and an attorney should be consulted prior to submitting an application.
HOW DO I GET A ZONING PERMIT?
Municipalities have varying requirements for property improvements that can be approved by a zoning permit. For example, the construction of a home that meets all zoning criteria or the construction of a shed in a backyard may require a zoning permit prior to the commencement of work. The municipality’s Zoning Officer is responsible for the review and issuance of zoning permits.
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