Waterfront Property on LBI and Riparian Rights

When buying a waterfront property on Long Beach Island you will want to know whether you are obtaining any Riparian Rights.  Some waterfront properties may have a Riparian Grant while others may have a Riparian License or a combination of both.   A Riparian Grant typically provides water rights after a one-time payment to the State of New Jersey while a Riparian License requires a yearly payment to the State of New Jersey.  A Riparian License is also for a term which is subject to renewal by the State of New Jersey.   The State of New Jersey owns all tidelands unless New Jersey has provided one with a Riparian Grant.  If a property fronts on tidelands or is or was formerly flowed by tidelands and a Riparian Grant does not cover the land then it is likely that the State still owns the property or the portion of the Property that was or is flowed by the tidelands.   If the State still has an interest in the aforementioned property and there is no Grant or License in place we refer to this as a tidelands claim.  A tidelands claim is a cloud on title.  Tideland claims may be possible to remove, but the time to clear a tidelands claim can take months.  Currently it typically takes approximately 18 months to remove a tidelands claim.  Thus, it is important to learn what Riparian rights a Property does or does not have.

Deidre Martin

C: 609.300.3899 | O: 609.492.1511 | E: lbideidre@gmail.com

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