LIENS; JOINT VENTURES—A recorded joint venture agreement may be a lien or encumbrance on the property which is the subject of the joint venture agreement.
LICENSES; REVOCATION—A revocable licence to use land of another can become irrevocable if the licensee can show that the license was coupled with an interest or that equity has been created by acts done pursuant to the license.
LIABILITY; INDEMNIFICATION—A contract can limit an indemnification obligation to the indemnitor’s own negligence while the insurance obligation can, at the same time, require the indemnitor’s carrier to provide a defense for the indemnitee if named as an additional insured.
LIABILITY; GUESTS—Where a guest is aware of a dangerous condition or by reasonable use of the guest’s facilities would observe it, the host is not liable.
LEASES; SUCCESSORS—Where it is undisputed that the current tenant at a property is the successor to the business of the tenant actually named on a lease, the new tenant will be bound by the lease.
LEASES; SECURITY DEPOSITS—There is no de minimis exception to the requirement that a residential landlord return its tenant’s unused security deposit within 30 days.
LEASES; RENTAL ASSISTANCE—The New Jersey Mortgage Finance Agency acts only in an advisory role with respect to HUD decisions concerning allowable rent increases; consequently a court will not review the Agency’s advice because that advice does not constitute a final agency action.
LEASES; REGULATIONS—A shore community with proven problems arising out of short term seasonal rentals has wide latitude in regulating such rentals and such regulation need not apply equally to year-round rentals.
LEASES; PARKING LOTS; LIABILITY—A lease need not expressly state that a tenant has exclusive possession and control of its premises for a landlord to be absolved of liability for a fall on snow or ice if the tenant actually has such exclusive possession and control.
LEASES; NOTICE—Where a lease conditions an outcome on the occurrence of a defined event, there is no implied requirement that one party gave the other party notice of that event.