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cecilrob · Oct 31, 2009, 10:09 PM

Abandon or neglected property in NJ

In the state of NJ if a property is abandon or neglected and someone moves in and begins to fix it up that property--does that person have a right to that property? Especially, when that person can prove that he or she has paid money to have the property fixed? What squatter can be used or is a law on the books?

ScottGem · Nov 1, 2009, 05:02 AM

Nope, you would just be guilty of trespassing. There is really no such thing as "abandoned" property. The reason for this is that all property is subject to real estate taxes. So even if the owner walks away from the property, eventually the state will take it over.

Squatters rights don't exist anymore. There is a concept of Adverse Possession in real estate law. This allows someone to claim a portion of adjacent property if they have used this property WITH THE OWNER'S KNOWLEDGE for a period of years.

LisaB4657 · Nov 1, 2009, 05:14 AM

In order to take title to property in NJ by adverse possession, the person seeking title must have actually used the property in some way (yes, fixing it up would qualify), excluded others from using it, without the permission of the owner, in full view of the public, for a continuous period of 30 years.

You can read more about it at http://www.gibbonslaw.com/files/Bers...Possession.pdf

Scott: It's not necessary that the owner know about it.

ScottGem · Nov 1, 2009, 06:03 AM

Originally Posted by LisaB4657

Scott: It's not necessary that the owner know about it.

OK,

So, if the OP occupied the house AND PAID THE TAXES (to prevent the state from taking possession and selling the property) for 30 years, he could then claim ownership. However, at any time prior to 30 years, if the real owner showed or it was realized somehow that he was a squatter, he could be thrown off the property and lose whatever he put into it?

LisaB4657 · Nov 1, 2009, 06:13 AM

Originally Posted by ScottGem

OK,

So, if the OP occupied the house AND PAID THE TAXES (to prevent the state from taking possession and selling the property) for 30 years, he could then claim ownership. However, at any time prior to 30 years, if the real owner showed or it was realized somehow that he was a squatter, he could be thrown off the property and lose whatever he put into it?

Exactly.