Category: Life at the Shore

This subject came up yesterday while meeting with a bay front property owner.

A re-post from June 2016. 

I attended a seminar this morning with important information regarding bay front ownership.

Some Riparian Grants issued between the late 1980s through the early 2000s have the following language:

“This grant is made upon the condition and limitation that there shall be no further filling of the presently flowed tidelands.  If any filling does occur within the presently flowed tidelands herein granted, the title to the lands conveyed herein shall immediately and automatically revert to the ownership of the State of New Jersey, but without any diminution in the consideration paid upon the delivery of this instrument.”

When a property owner installs a new bulkhead (which typically extends out 24″ from the existing bulkhead based on current zoning), the State defines the added 24″ as  “filling”.  And YES, even if the required DEP and/or CAFRA permits were obtained.

The Department of Tidelands has a new regime, and this enforcement is viewed by attorneys and title company representatives as a method to generate revenue.  Frustrating to say the least!

Bottom line: the State of New Jersey expects the land owner to “buy back” this filled area, even though a large sum of money was paid for the original Riparian Grant.  

Unfortunately, the issue will not go away.  Even if a bay front owner has no plans to sell, their heirs will eventually face the problem.  And because the cost to resolve is based on the value of the land, it makes sense to remove the lien sooner rather than later.

Practical steps if you own a property on the bay:

1) Find your original title work (settlement papers).  If a Riparian Grant was issued on the property, it will be attached.

2) Read the language in the grant- checking specially for the reverter clause referenced above (not necessarily in all grants).

3) If the reverter clause is in the grant, and you have installed a new bulkhead that sits out beyond the original bulkhead, it’s important to move forward with a resolution.  A current survey will be needed to show the exact measurements of the new bulkhead, too.

A local title company and land use attorney can help you apply for a Statement of Non-Interest or a Confirmatory Grant from the State of New Jersey.

I am here to provide recommendations for experienced professionals, and answer any questions to the best of my ability.

 

 

 

 

 

Hard to imagine on a day like today…but it WILL eventually turn colder!

Is your shore house prepared for winter?

The combination of cold temperatures and high winds causes exposed pipes to freeze.  Outside showers and non-frost proof hose nozzles must be shut off and drained.  Disconnect all hoses (water in the hose will expand and crack even the frost proof nozzle).

If you leave your inside water on, set the heat between 55 and 60 degrees, and open the cabinet doors under all sinks to allow warm air to circulate around the pipes.

Close the crawl space vents and access doors (re-open in the spring to allow air flow under the house).

Purchase a “watchman” red light from the local hardware store (a thermostat connected to the light will indicate if the inside temperature falls below 45 degrees).  And, provide the police with your contact information.

Or, hire someone to regularly inspect your property to make sure the heat is functioning.  Based on last winter…this is money well spent.