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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111683
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I subdivided a property in Avalon nj in 5 years ago. I am

Customer Question

I subdivided a property in Avalon nj in 5 years ago. I am now building a house on the lot and the neighbors do not like the position. I was issued a building permit. Now the city council wants to cancel my subdivision. What is the statute of limitations
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the reason they want to revoke or cancel the subdivision? Is it for some type of violations?

Customer: replied 1 year ago.
No violation. The city council somehow believes they made a mistake. The neighbors are upset with the size of the house which partially blocks two persons view. A building permit was issued two years ago. The house is 1/3 finished.
Customer: replied 1 year ago.
The neighbors are saying the subdivision was not approved correctly by city council
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, the NJ Supreme Court has weighed in on this fairly consistently. May a building permit be revoked once the holder thereof has, in reliance thereof, altered his position by expenditure of money or by committing himself contractually? The answer furnished by many decisions in our State is in the negative,subject to the single qualification that the permit must not have been obtained by fraud. Of course, the fraud necessary to vitiate the grant of a building permit must be of the character already mentioned: namely, material and injurious. Only a few cases need becited for the principle that in the absence of such fraud a building permit is irrevocable where under it the holder has spent money or created contractual obligations. Freeman v. Hague, 106 N.J.L. 137,147 A. 553 (E. & A.1929); Pabst v. Ferner, 151 A. 368, 8N.J.Misc. 621 (Sup.Ct.1930); Kornylak v. Hague, 150 A. 669, 8N.J.Misc. 481 (Sup.Ct.1930); Lehigh Valley R.R. Co. v. Jersey City,144 A. 578, 7 N.J.Misc. 154 (Sup.Ct.1929), affirmed 106 N.J.L. 248,147 A. 555 (E. & A.1929); Nelson Building Co. v. Greene, supra.

So, there is no statute of limitations involved. The NJ Courts hold that once the permit is issued and you acted upon the subdivision and the construction (both), that was an irrevocable decision as you have expended money in reliance on the issuance of the permits.

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