New Jersey Notice of Claim of Breach of Oil, Gas, and Mineral Lease by the original Lessor's Successor

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Control #:
US-OG-107
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Description

Most leases require a lessor give a lessee a written notice of any claimed breach of the lease. The lessee is usually granted a period of time in which to remedy the breach before a claim can be made for damages or that the lease is terminated. This form is a second notice to a lessee. It is prepared for signature by the successor to the original lessor. It provides that a letter has been sent to the lessee notifying the lessee of the claimed breach. This notice, once recorded, is constructive notice that the lease is deemed to have expired for failure of the lessee to remedy the claimed breach.

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FAQ

The Tort Claims Act and Title 59 This is sometimes called ?sovereign immunity.? This means that government entities are ?immune? from certain claims and lawsuits from being filed against them.

Sovereign immunity in New Jersey prevents citizens from suing the government or its public entities without consent. Defined by N.J.S.A.

Act requires that a person bringing a claim against a ?public entity? file a ?notice of claim? within ninety (90) days of the date of their accident or injury in order to proceed with a case.

In New Jersey, any claims against the state must be submitted to the Bureau of Risk Management's Tort and Contracts Unit. To fill out an Initial Notice of Claim form, you will need your full legal name, address, date of birth, and social security number.

The Title 59 New Jersey statute is the controlling authority for how you have to proceed in a personal action injury against a public entity in New Jersey. New Jersey Transit is one such legal entity.

Title 59 preserves the common-law rule of ?sovereign immunity?. This means that it protects the state of New Jersey and its agencies from prosecution. The Tort Claims Act, however, includes special areas where a prosecution for negligence is possible for a State or local public.

New Jersey Transit is one such legal entity. To successfully file a Title 59 lawsuit against NJ Transit, time is crucial, and you must file a tort claim notice within 90 days of the accident in question. If you miss this deadline, you will most likely be denied any damages to which you may be entitled.

When the plaintiff's negligence claim arises against a government entity, the Torts Claims Act, N.J.S.A. -1 to 12-3, governs the claim. The Act provides specific exceptions to the doctrine of sovereign immunity. Except when the Act specifically imposes liability, public entities remain immune from negligence suits.

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New Jersey Notice of Claim of Breach of Oil, Gas, and Mineral Lease by the original Lessor's Successor