Category: Real Property Law

Antonetti v. Curtiss-Wright Flight Systems/Shelby, Inc.

LANDLORD’S LIABILITY—Where a property is leased for the exclusive use of a tenant and no pertinent maintenance responsibilities have been reserved to the landlord, the landlord does not owe a duty of care to an employee of its tenant.

• Opinion Date: February 14, 2001

Lever v. Thomas

JUDGMENTS—Even though a judgment debtor no longer owns a particular parcel, the debtor has standing to have a judgment lien removed of record more than one year after the debtor’s discharge in bankruptcy.

• Opinion Date: April 26, 2001

Fairlawn Industries, Ltd. v. Gerling America Insurance Company

INSURANCE; DEFINITIONS; LAND—Breaks that occur in pipes lying under a river bed are considered to have occurred “on land.”

• Opinion Date: July 10, 2001

Novack v. Upper Greenwood Lake Property Owners Association, Inc.

HOMEOWNERS ASSOCIATIONS; EASEMENTS—Easement holders within a homeowners association who pay assessments to a quasi-related recreational entity are entitled to have those funds segregated from the entity’s other funds and are entitled to vote on how those particular funds are used.

• Opinion Date: July 19, 2001

Mulligan v. Panther Valley Property Owners Association

HOMEOWNERS ASSOCIATIONS—Amendment of a common interest owner’s association’s by-laws by its members is subject to a test of reasonableness.

• Opinion Date: February 16, 2001

In re ADPP Enterprises, Inc.

HIGHWAYS; ACCESS—A neighboring property owner along a common highway can’t require the Department of Transportation to hold a revocation hearing with respect to its neighbor’s access rights.

• Opinion Date: October 2, 2001

State v. One House

FORFEITURE; DRUGS—Where only a small portion of a property is used for illegal purposes, it can be appropriate to effectuate only a partial, proportionate governmental forfeiture.

• Opinion Date: December 31, 2001

Summit Bank v. Povoa

FORECLOSURE; VALUATION—The rental value of illegally leased space should not be included in calculation of a property’s fair market value, although it may be an enhancing factor if it is probable that the space will be legally rentable in the reasonably near future.

• Opinion Date: October 18, 2001

Contimortgage Corporation v. Sabo

FORECLOSURE; TENANTS—The protections of the Anti-Eviction Act in a foreclosure do not apply to a tenant who is sharing a house with its owner.

• Opinion Date: December 10, 2001

City of Camden v. Block No. 501

FORECLOSURE; NOTICE—A party sent by a property owner to negotiate with a foreclosing municipality can be considered as the agent of the property owner to whom foreclosure notices can be sent.

• Opinion Date: May 3, 2001