New Jersey Title “Tidal” Alert
As a result of Hurricane Sandy and its affect along the New Jersey shoreline, including but not limited to its affect upon all old shore maps showing riparian and salt water tributaries filed in both the counties, the archives of the State of New Jersey and “Tidelands Maps”, until the issue is conclusively resolved by the New Jersey Courts, we suggest consideration of the following tidal/riparian exception, to wit:
Company shall not be liable for any loss, cost or damage attributable to building reconstruction on land located along the New Jersey shore coastline by reason of the fact that the state shall later reassert a claim to the property under examination by reason of the fact that the land was “now or formerly flowed by high tide”.
NB This would be in accordance with the O’Neal decision.
Other exceptions to consider
• Subject to the rights of the Department of Environmental Protection of the State of New Jersey to regulate construction and/or development on the water front and to abate as a public nuisance any construction or other development begun without its approval. (pursuant to N.J.S.A. 13:5-3 et. seq.)
• Subject to the possible outstanding riparian interest and/or fee title that may be vested in the State of New Jersey in and to any portion of the subject premises now or heretofore flowed by tidal waters.
• Possible rights of the State of New Jersey under the Wetland and/or Meadowlands Acts.
• No rights to maintain structures or bulkheads encroaching beyond the mean high water mark line of Riparian Grants of record is guaranteed hereunder.
• Streams or easements, if any, not shown of public record, riparian rights and title to any “filled-in lands”.
• Last but not least the following may apply in special or unusual circumstances, to wit:
Subject to the results of a further Riparian Tidelands Search performed at both the County Records level and State Records in Trenton v. lot ___, Block___, municipality of _____, County of _____, State of New Jersey. By way of explanation examination of title pre Hurricane Sandy discloses a possible riparian claim upon title by the State of New Jersey by reason of the properties location in proximity to a former salt water title stream or tributary as set forth and shown on Tidelands Map ___ . Further investigation is being made. A Charles Jones Tidelands Search, et al. has been ordered. The company reserves he right to amend this Title Search and Report to raise such additional exceptions or objections as the results of this additional riparian search work may disclose. NB if the riparian search discloses the potential for such a claim by the State of New Jersey Schedule B-2 of the ALTA Title Commitment will amended to include any of the foregoing title exceptions as may be applicable. This is deemed appropriate and necessary because many or all of the former tidal creeks, salt water tributaries or streams may have been or were moved or buried from their former location by Hurricane Sandy’s substantial change to the New Jersey Coast line. For example, the old salt water tributaries or streams set forth and shown on what are known as the “Old Coastal Vermule Maps” or the “Coastal Railroad Maps” or the “Department of War Navigation Maps” or the “U.S. Coast and Geodetic Maps” or no longer locatable.
Source: NYU Riparian Thesis: "New Jersey Riparian" Law cited in footnotes to brief re: State of New Jersey v. State of New York, 523 U.S. 767, 118 S.Ct. 1726, 140 L. Ed2d 993 (1998). Case discusses title dividing line Between NY and NJ through Hudson River and points south.
William C. Hart
CEO and Principal
Title Law Associates
Editor: Title Management Today
Founder and Moderator
The Mortgage Foreclosure Fraud Defense Law Group
Foreclosure Management Today
P.O. Box 7137
Elkins Park, PA 19027
Phone: 215.379.3195
E-mail: Titlelaw@comcast.net
www.titlelawannotated.com
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