Bergmann Law LLC

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Category: Blog Posts

Update on Private Well Testing Coming December, 2021

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New Jersey law requires buyers or sellers of property to test the water before the sale and review the results prior to closing. Landlords are also required to periodically test and to provide tenants with test results. This test has traditionally been for a specific type and amount of microorganisms that are potentially harmful to human health. But for those of you looking to lease or sell in NJ after December 1, 2021, be aware that those requirements are getting even stricter. The New Jersey Department of Environmental Protection (NJDEP) has adopted additional amendments to the Private Well Testing Act (PWTA) rules that require testing for three per and polyfluoroalkyl substances (PFAS) compounds: perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and perfluorononanoic acid (PFNA).

What are PFOA, PFOS, and PFNA?
PFOA, PFOS, and PFNA are included within a group of man-made PFAS chemicals. According to the United States Environmental Protection Agency (EPA), PFAS have been used in industry and consumer products since the 1940’s with PFOA and PFOS being the most widely used and studied of the PFAS chemicals.

As per the EPA, current scientific research suggests that exposure to high levels of certain PFAS may lead to adverse health effects and more research is underway to better understand the health effects associated with low levels of PFAS exposure over long periods of time. There are a variety of ways that people can be exposed to PFAS chemicals, including drinking water that is sourced from a contaminated private drinking water well.

Click to access pwtafinal.pdf

A Tree Grows Next Door

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We have had some pretty serious storms this summer so here at Bergmann Law we wouldn’t blame you for looking twice at your neighbor’s big, beautiful tree. Especially if it has branches hanging over your yard or property.

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The New Jersey Supreme Court holds that tree branches which overhang a property line can constitute a nuisance (Ackerman v. Ellis, 81 N.J.L. 1, 79 A. 883 (Sup. Ct. 1911)), and you have the right to trim any trees or shrubs that extend over into your property, so long as you do not harm or destroy the trees or plants and you only trim up to the property line. (Wegener v. Sugerman, 104 N.J.L. 26, 138 A. 699 (Sup. Ct. 1927)).

The same principal applies to the parts of plants that grow underground, too. If you suspect roots from a neighbor’s tree or other greenery are threatening your property, you have the right to remove those roots from your property as long as it does not harm the tree or plant.

But what if you’re not just worried about a couple of limbs? If the entire tree seems like it might be ready to fall onto your house during the next storm things are a little bit different. If the trunk of the tree is contained in your neighbor’s yard, it is your neighbor’s property and you can’t remove the tree yourself. But you can contact your local government. Most local governments have ordinances that prohibit maintaining any dangerous conditions (like hazardous trees) on private property.

Of course, each situation will be different, and resolving issues with neighbors requires a delicate touch. Let us review the facts and provide information about your specific circumstances and local laws, then come up with a plan that keeps your home safe and your relationship with your neighbor on good terms.

Exactly How Important Is My Home Inspection?

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As I sit in Court, waiting for my client’s case to be called, observing the cases on the docket in front of me, wouldn’t you know it, the next one is a homeowner/Buyer (“Plaintiff”) suing the former homeowner/Seller (“Defendant”) for post-closing inspection issues. This case is dead on arrival, but it should at least be interesting.

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The story is the usual one. Seller and Buyer enter into a standard contract for the purchase and sale of a home. Buyer has a home inspection and plumbing issues are discovered. Major, water running down the walls, type of plumbing issues. Buyer makes plumbing repair requests and Seller says no. Buyer is a tenant and feeling pressure to close anyway because she’s already given her landlord notice. She has spent money on inspections and appraisals. She feels like she has no choice, so she closes anyway. Without the plumbing repairs and water still running down the walls.

Why?

Her agent told her she could just sue the Seller, post-closing.

Wow.

Agents and brokerages were named, but only the Buyer was in the Courtroom and she was clearly shocked the “legal advice” from her agent was completely wrong. The Judge was patient. He was kind. He very gently told her she had no case as he read a large portion of the contract back to her and into the record. The Judge then ever so gently, entered judgement in favor of the Seller.

And by the way, what did the Seller have to say in his defense? Nothing. Absolutely nothing. It wasn’t necessary. He didn’t even appear in Court, nor had he filed an answer to the complaint. He just sent in his lawyer and as it turns out, that was all he needed to do for absolution. Judgment in his favor, and nothing for the Buyer.

So, what is the moral of the story? Representation in the largest financial transaction you will likely make – or the advice and a chance to walk away from it – is always a good idea.

Call us before you close. Better yet, call us when you make your offer. Post-closing issues are rarely resolved to the satisfaction of a Buyer once you leave the closing table.

Don’t be that post-closing, unhappy homeowner. Protect yourself, your investment and your piece of mind.