Get new listings emailed daily! JOIN SIGN IN
CJ Davies
REALTOR®, ABR
(609) 713-8952
Broker / Sales Person
Facebook Icon LinkedIn Icon YouTube Icon Instagram Icon Zillow Icon 

I have been told I have a tidelands claim on my property,  What now?

 

Beleive it or not, this is a very common question where we live in Southern Ocean County, NJ  and not many people know the answer to it.  

A "tidelands claim" could have been created in a number of ways, but most commonly, it is where a free flowing body of water previously existed on a property that is now developed.  These are much more common in properties purchased prior to 1980 and properties that have been family owned for long periods of time.  These claims will show up in a title search while trying to buy or sell the property and if not addressed previously, can hold up the sale of a property for quite some time.

Since the state of New Jersey technically still has a claim to this portion of the land, the seller cannot procide clear title to the property without properly clering the claim with the state.  There are two common ways to do this.

Riparian Lease - These leases are normally used for areas still condidered flowing bodies of water.  You will most likley see these in place for docks and peirs or properties that have not been bulkheaded.  The state will still technically still own the land but will do a long term lease which will then run with the land and be assumable buy a buyer thus providing clear title to the property and making it saleable again.

Riparian Grant - This process allows the owner to purchase the claimed portion of the property from the state for a 1 time fee which would then clear the title of the land moving forward.  

Letter of No Interest - A LNI can be requested and issued when there is a micalculation regarding the claim.  In many insytances, there are variations in the map overlays which can lead to false claims.

 

Step one - Get a survey of the property done if you do not already ahve a recent one.  If there is no tidelands area mapped on the survey, inform the survey company of the claim and ask the surveying company to mark the claim clearly on the survey.

Step Two - Check your title policy if you have one.  If you or your family had purchased title insurance when it was bought, there is a very high chance that if the claim does exist, the title compnay would be responsible for reimbursing you for the cost of the claim.

Step Three - Speak witht the state department and confirm that there is indeed a claim and if so, submit an application for the vehicle that makes the most sense for your situation.

How does the state determine a price of the claim?

  • The state will estimate the value of the land as if it were a vacant lot.  
  • They will determine a price per square foot of the lot itself.  A $100,000 lot that is 8,000 square feet would be $12.5/sq ft.
  • They will then determine the size of the claim.  For example 25% claim would be 2,000 sq ft.
  • The price per square foot of the lot is then discounted to 15% of the original price and applied to the size of the claim $12.5*15%= $1.88/sq ft.  which when applied to the 2,000 sq ft claim equals a value of $3,750 for the claim.

There are two additional discounts that can then be applied to this number, a Good Faith discount and Litigation risk.  Both offer a 75% percent discount to the price of the claim.  A property cannont qualify for both discounts, it is either one or the other.

 

The good news is, more often than not, there is a clear path to clearing a claim and it is not as expensive as most people would originally think.  The bad news is that these leases and grants can take up to 8-12 months and possibly long to complete without complications.

 

There is a great power point on this topic https://www.nj.gov/dep/enforcement/JCNERRWebinartidelands.pdf

 

You can also visit the official site for NJ Land Use and read all about it here. https://www.nj.gov/dep/landuse/tl_main.html

 

 

Please contact me if you are trying to sell you home and inticipate an issue regarding state claims.  I can help. CJ Davies 609-713-8952 CJDavies3@gmail.com

 

 

 

 

 

 

 

1601 Long Beach Boulevard, Long Beach Township, NJ, 08008, Unit B

1601 Long Beach Boulevard, Long Beach Township, NJ, 08008
  • Sold: $1,061,950
  • List: $1,099,000
  • Square Feet: 2,360
  • Long Beach Township
  • Beds: 4
  • Baths: 3.1
  • residential - condo
  • Represented: Seller

22 W Tebco Ter, Long Beach Township, NJ, 08008

22 W Tebco Ter, Long Beach Township, NJ, 08008
  • Sold: $448,650
  • List: $448,650
  • Square Feet: 1,440
  • Long Beach Township
  • Beds: 3
  • Baths: 2
  • residential - single

22 Virginia AVENUE, Long Beach Township, Ne, 08008

22 Virginia AVENUE, Long Beach Township, Ne, 08008
  • Sold: $1,330,000
  • List: $1,330,000
  • Square Feet: 3,100
  • Long Beach Township
  • Beds: 5
  • Baths: 4.1
  • residential - single

1903 Bay Terrace, Long Beach Township, NJ, 08008

1903 Bay Terrace, Long Beach Township, NJ, 08008
  • Sold: $875,000
  • List: $899,000
  • Square Feet: 2,240
  • Acres: 0.1
  • Long Beach Township
  • Beds: 4
  • Baths: 3.1
  • residential - single

204 S Atlantic Ave unit 202, Beach Haven, NJ, 08008

204 S Atlantic Ave unit 202, Beach Haven, NJ, 08008
  • Sold: $190,000
  • List: $199,900
  • Square Feet: 439
  • Beach Haven
  • Beds: 1
  • Baths: 1
  • residential - condo

304 W 17th St, Ship Bottom, NJ, 08008

304 W 17th St, Ship Bottom, NJ, 08008
  • Sold: $349,900
  • List: $349,900
  • Square Feet: 1,152
  • Ship Bottom
  • multi - multiple

4 W. Maryland, Long Beach Township, NJ, 08008

4 W. Maryland, Long Beach Township, NJ, 08008
  • Sold: $227,500
  • List: $249,900
  • Square Feet: 865
  • Long Beach Township
  • Beds: 3
  • Baths: 1
  • residential - condo

102 Atlantis Ave, Stafford Township, NJ, 08050

102 Atlantis Ave, Stafford Township, NJ, 08050
  • Sold: $269,000
  • List: $269,000
  • Square Feet: 1,996
  • Stafford Township
  • Beds: 3
  • Baths: 2
  • residential - single

23 Maplewood Dr, Little Egg Harbor, NJ, 08087

23 Maplewood Dr, Little Egg Harbor, NJ, 08087
  • Sold: $244,000
  • List: $249,900
  • Square Feet: 1,550
  • Little Egg Harbor
  • Beds: 2
  • Baths: 2
  • residential - single

116 Bark Rd, Stafford Township, NJ, 08050

116 Bark Rd, Stafford Township, NJ, 08050
  • Sold: $259,850
  • List: $259,850
  • Square Feet: 2,117
  • Stafford Township
  • Beds: 4
  • Baths: 3
  • residential - single

204 S Atlantic Ave unit 103, Beach Haven, NJ, 08008

204 S Atlantic Ave unit 103, Beach Haven, NJ, 08008
  • Sold: $209,000
  • List: $209,000
  • Square Feet: 421
  • Beach Haven
  • Beds: 1
  • Baths: 1
  • residential - condo

204 S Atlantic Ave unit 300, Beach Haven, NJ, 08008

204 S Atlantic Ave unit 300, Beach Haven, NJ, 08008
  • Sold: $403,000
  • List: $359,000
  • Square Feet: 960
  • Beach Haven
  • Beds: 3
  • Baths: 2
  • residential - condo

195 John St, Eagleswood, NJ, 08092

195 John St, Eagleswood, NJ, 08092
  • Sold: $154,000
  • List: $159,500
  • Square Feet: 855
  • Acres: 0.3
  • Eagleswood
  • Beds: 2
  • Baths: 1
  • residential - single

4412 Gloucester Dr, Long Beach Township, NJ, 08008

4412 Gloucester Dr, Long Beach Township, NJ, 08008
  • Sold: $1,575,000
  • List: $1,729,000
  • Square Feet: 2,042
  • Long Beach Township
  • Beds: 4
  • Baths: 2.1
  • residential - single

204 S Atlantic Ave unit 104, Beach Haven, NJ, 08008

204 S Atlantic Ave unit 104, Beach Haven, NJ, 08008
  • Sold: $195,000
  • List: $199,000
  • Square Feet: 492
  • Beach Haven
  • Beds: 1
  • Baths: 2
  • residential - condo

204 S Atlantic Ave unit 203, Beach Haven, NJ, 08008

204 S Atlantic Ave unit 203, Beach Haven, NJ, 08008
  • Sold: $205,000
  • List: $189,000
  • Square Feet: 548
  • Beach Haven
  • Beds: 1
  • Baths: 2
  • residential - condo

204 S Atlantic Ave unit 102, Beach Haven, NJ, 08008

204 S Atlantic Ave unit 102, Beach Haven, NJ, 08008
  • Sold: $299,000
  • List: $299,000
  • Square Feet: 816
  • Beach Haven
  • Beds: 2
  • Baths: 2
  • residential - condo

113 Roxie Ave, Long Beach Township, NJ, 08008

113 Roxie Ave, Long Beach Township, NJ, 08008
  • Sold: $1,860,000
  • List: $2,000,000
  • Square Feet: 2,900
  • Long Beach Township
  • Beds: 5
  • Baths: 3
  • residential - single

224 Yeoman Rd, Stafford Township, NJ, 08050

224 Yeoman Rd, Stafford Township, NJ, 08050
  • Sold: $355,000
  • List: $359,900
  • Square Feet: 2,951
  • Stafford Township
  • Beds: 4
  • Baths: 3.1
  • residential - single

More Questions?

Ask a Question
  • Services of Interest
  • Incorrect please try again
    Enter words: Enter numbers:
    Refresh Captcha
    Audio Captcha
    Text Captcha
    Captcha Help
    reCAPTCHA
Disclaimer: All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information on this site was last updated 12/07/2022. The listing information on this page last changed on 12/07/2022. The data relating to real estate for sale on this website comes in part from the Internet Data Exchange program of Ocean County MLS (last updated Thu 09/12/2019 11:22:12 AM EST) or Bright MLS (last updated Wed 12/07/2022 9:34:05 AM EST). Real estate listings held by brokerage firms other than Davies & DeGennaro may be marked with the Internet Data Exchange logo and detailed information about those properties will include the name of the listing broker(s) when required by the MLS. All rights reserved. --

Privacy Policy / DMCA Notice / ADA Accessibility

Login to My Homefinder

Login to My Homefinder