New Jersey Riparian and Tideland Claims

What are tideland or riparian claims?

 In New Jersey, “riparian rights and claims” are lands subject to ownership by the State of New Jersey because the property lies in areas that are presently or formerly flowed by tidal waters. See, the New Jersey Tidelands Act in N.J.S.A. 12:3.  In New Jersey, tideland claims and are found in 17 of its 21 counties.

 What are tidelands and who owns them?

 Tidelands, also known as riparian lands, are all lands that are currently and formerly flowed by the mean high tide of a natural waterway. For example, Ocean County’s Barnegat Bay, a natural tidal body of water, is tidelands. But just because there is no water flowing today, it may surprise you that tidelands do not have to be wet today.  For instance, in Newark, many, many years ago there was a small tidal stream called New Creek that was filled in and built upon.  The same applies to areas of Hoboken, New Jersey built up long ago.  In fact, New Jersey had an extensive network of tidelands, both big and small, that you would never know by looking at them today.

As sovereign, the State of New Jersey claims ownership of these tidelands and holds them “in trust” for its citizens. The management and disposition of tidelands is overseen by the Tidelands Resource Council and the New Jersey Department of Environmental Protection (the DEP.)

 I’m buying a home on a bay and there’s a dock extending over the water.  Do I have a problem?

 Unless the title to your property that is under water is based on a riparian grant, lease of license (something Vested Land Services LLC checks for when you buy your property) you must obtain permission from the State via a Riparian Grant, Tidelands License or Lease.

 What is a Riparian Grant?

 A Riparian Grant is a deed from the State of New Jersey for the sale of its interest in that portion of your property that was or is now flowed by the mean high tide. As mentioned above, all property that was formerly tidal is State‐owned property despite the fact that it has been filled in and the former waterway is no longer evident.

 When you purchase a property, Vested Land Services LLC checks its title to determine if the property is or ever was subject to a state tideland claim.  If we find one and there is no record of a riparian grant, it’s a title issue that has to be resolved.

 What is a tidelands lease?

 A Tidelands Lease is a long term rental agreement from the State of New Jersey for the use of its tidelands. It is our understanding that the rent is negotiable depending on market conditions.

What is a tidelands license?

A Tidelands License is a short term rental agreement between the State of New Jersey and the property owner for the use of its tidelands. Per regulation, currently flowed tidelands that have not been previously sold by the State may only be leased.  They are renewable.

 In our years of experience, we have seen many Riparian Licenses. The are obtained in connection with the construction or use of docks, piers, mooring piles, floating docks, and boat lifts, that are constructed or will be constructed on the waterfront.

 Summary

 As with all things related to your home or investment property, the state of its title is one of the important areas that must be considered before you buy.  Vested Land Services LLC and its staff are here to help.  Let us know if we can.

 Disclaimer:

The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Vested Land Services LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-808-6130 - Fax 973-227-0645

E-mail sflatow@vested.com

@vestedland

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In the face of Hurricane Sandy and other natural threats

Two stories in the 11/4/12 edition of the New York Times talk about the weather and its impact on living on the water. My opinion boils down to this – build on the waterfront, be it ocean, lake, bay, lagoon or river, the Federal and state governments no longer step in to help you rebuild.

IF tropical storm Irene last year was an eye-opener, was a reality check. Waterfront property in the New York area is some of the most coveted in the nation, but after back-to-back years of supposedly once-in-a-generation storms, public officials, developers, brokers and homeowners are being forced to re-evaluate.

Read Would you buy on the Waterfront?

The Real Luxury: A Way Out The damage caused by Hurricane Sandy speaks to something so obvious it is often overlooked: New York City shores are not fit for living.

Read it here.

For your next title order or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Vested Land Services LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-808-6130 - Fax 973-227-0645

E-mail sflatow AT vested.com

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