Do you know about Riparian Rights, Claims or Licenses? Do you know about Tidelands Claims?
The State of New Jersey is the presumed owner of tidal flowed property. The New Jersey State Department of Environmental Protection has flown over areas on the tidal waters such as Barnegat Bay, the Atlantic Ocean and rivers i.e. Forked River, Toms River, Metedeconk and Manasquaan and established claim lines. Based upon this mapping properties not only fronting on waterfront, but nearby may be subject to Tidelands Claims by New Jersey. Recent mapping has resulted in Tidelands Claims on property located in Pelican Island, Shark River Hills, Seaside Park and South Seaside Park.
You should obtain a Tidelands Search when purchasing property to determine if there is a claim by New Jersey. Often the search will reveal a Riparian Grant or License which may give the owner of the property the right to use the claimed area. It is important to obtain a title search and survey for the property. Do not let the title insurance include an Exception for claims by New Jersey.
The purchase of waterfront property is a dream come true for many. Consult an experienced real estate attorney to make your dream a reality and not a nightmare.
To speak with an experienced real state attorney, contact Richard D. Stanzione by email or by phone at 732-349-1212. Our Toms River law office is conveniently located near the Ocean County Courthouse and Downtown Toms River.
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