An Action To Quiet Title Is Necessary To Lift A Condition Recorded In A Deed Restriction

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During the land use approval process the reviewing board often grants an approval subject to the imposition of certain conditions. An applicant is usually so thrilled to secure an approval that they readily agree to the imposition of said conditions. Unfortunately, these conditions may impact a property owner’s ability to develop its site in the future. Careful consideration should be given to a condition that would restrict or prohibit future development of an applicant’s property. An applicant should be especially cautious about agreeing to place a condition in a deed as a restrictive covenant.

Generally, an applicant is permitted to return to the reviewing Board for a modification of its prior approval or for removal of earlier imposed conditions. In those circumstances, an applicant must demonstrate that “changed circumstances or other good cause may warrant reconsideration by the local authorities.” Allied Realty, Ltd. v. Borough of Upper Saddle River, 221 N.J. Super. 407 (App. Div. 1987), certif. den. 110 N.J. 304 (1988). However, if the condition is placed in a deed the proper remedy is to institute an action to quiet title.

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