Please Help! Building Improvements Law

[JohnSteed]

What is the name of your state (only U.S. law)? NJ

Howdy!

I bought a house in 1987 as a rental investment. The former owner made a few "illegal" improvements, which includes an attached garage converted into living space. A former town police officer, he did not get any permits.

An unhappy tenant recently complained to the town about a minor problem. The town inspector did some snooping around and discovered there were no records in the town books for any of the building improvements. The inspector immediately shut the building down until the situation is rectified.

The former owner can not be located. I have no records of any improvements made. The tax records show certain exterior improvements were made, but do not go into detail. All taxes were paid for years for the living space. The town Planner will not grant me permission to use the converted garage space (he told me so!).

An architect hired to inspect a staircase told me there is a law provision that has something to do with time gone by and building improvements. He said he recalled something about a law that if a building improvement was used over a certain amount of time without being contested by the town, the owner could continue to keep using it that way. He said he thought it was 20 years. However, he could not remember the law or the provisions. Can anyone help?

Thanks!

 

[FlyingRon]

You most likely do not have any recourse against the former owner anyhow.

You'll need to consult a lawyer with the local land use experience to find out if what the architect says is true and whether you have such acquiesced permission.

HOWEVER, while that is often true for residences, once you throw rental and/or commercial use into the mix, you're usually out of luck.
ESPECIALLY in New Jersey. I used to own rental property in Highland Park. I can tell you that I had to bend over to appease the inspectors over the twenty years I leased out that space to include all sorts of things like the fire alarm system, replacing the beautiful glass doors that were original to the building with self closing solid ones, etc...

 

[JohnSteed]

Thanks FlyingRon!

I did hire an attorney to represent me, but unfortunately he has never heard of such a law. Acquiesced permission, eh? I am just trying to research this on my own. The improved area in question has been used in the same way for well over 20 years, as a rental property. I've NEVER had any complaints from tenants or the town!

Thanks again!