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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
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Experience:  Experienced real estate lawyer and real estate broker.
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Under NJ law.A residential property owner owns land that

Resolved Question:

Under NJ law.
A residential property owner owns land that straddles the property line between 2 municipalities. 20% of his land, but most of his house, is in Municipality A. A small part of the house, but 80% of his land, is in Municipality B.

Homeowner is taxed by Municipality A, and not by Municipality B.

Is there a way for the property owner to get Municipality A (a more desirable town) to recognize the fact that most of his land is in that municipality, and to tax him there (obviously, he will want a corresponding decrease in Municipality B), and, most importantly, obtain the use of municipal services, especially the schools, in Municipality A? If so, how is this done?

,
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 11 months ago.
Yes, I had this situation come up in the past with a house that straddled the border between South Orange and West Orange, and the owner wanted the South Orange schools.

What you need to do is to go to the assessor in the desirable town ("Fancy") and show the property map indicating that part of the property is in Fancy. They will then issue an assessment on the portion of the property that is in Fancy, and you will begin to pay taxes to Fancy.

But, you say, then you will be taxed double. No, you then go to the assessor of NOT SO FANCY town and tell them that you are being over assessed, because the tax basis should not include the portion of your property that is in FANCY. If they resist the adjustment, you have a legal right to protest the assessment to the city council and they have no longer any right to tax you for the portion of the property that is in, and now being taxed by, Fancy town.

You will end up paying the same amount of taxes in total, just that you will become a taxpayer in Fancy and entitled to all of their services.

It works. Did with South/West Orange issue. Good luck to you. I wish you all the best.
Customer: replied 11 months ago.


I thought of that. Was I was looking for, really, is if there is any statutory or case law authority to compel the result.

Expert:  WiseOwl58 replied 11 months ago.
Dear XXXXX:

I do not know of any statute or case law, and I just did a search and came up with nothing on point.

Therefore, these matters and handled on a case by case basis, by the municipality. You should have no trouble getting them to agree if you follow the procedure that I have recommended to you.

Please rate the answer 3, 4 or 5 and close out the questions. Good luck, and feel free to call on me again if I can assist you with anything else, Don.

Thanks.
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 2745
Experience: Experienced real estate lawyer and real estate broker.
WiseOwl58 and 6 other Real Estate Law Specialists are ready to help you
Expert:  WiseOwl58 replied 11 months ago.
Don:


Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 11 months ago.
Don:


Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 11 months ago.
Don:


Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 11 months ago.
Don:

Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 11 months ago.
Don:

Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 11 months ago.
Don:

Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.
Expert:  WiseOwl58 replied 11 months ago.
Don:

Thank you!

Please let me know if you have any other questions. Just put my name---Wise Owl 58--- in the first line and I will get it and respond.

All the best.

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