ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, Nos. 1682 and 3547
STATE OF NEW JERSEY
216th LEGISLATURE
ADOPTED FEBRUARY 12, 2015
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman JAY WEBBER
District 26 (Essex, Morris and Passaic)
Co-Sponsored by:
Assemblymen Peterson, Giblin, Rible, O'Scanlon and S.Kean
SYNOPSIS
Establishes time periods for adverse possession of certain property.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on June 15, 2015, with amendments.
An Act concerning certain property rights, supplementing Title 2A of the New Jersey Statutes and repealing parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. If a person, for 20 years, has possessed real estate, all claims that may be made by any person for the recovery of the real estate shall be barred from any claim of right and that person shall have good title in the real estate, except as otherwise set forth in sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), provided that during that period the possession has been:
a. actual, open and notorious, of a kind that would notify others of the claim to the property;
b. inconsistent with ownership of the property by others; and
c. continued uninterruptedly for the requisite period by the person and the person’s predecessors by occupancy, descent, conveyance or otherwise.
2. Except as provided in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), this act shall not limit the estate, right, title or interest of, or bar any claim or action by:
a. The State, any agency thereof, or any political subdivision of the State, including, but not limited to, its instrumentalities and independent authorities, or any county or municipality, or any agency or authority of a county or municipality, with respect to real property or any estate, right, title or interest therein, that was at any time used or intended to be used for a public or transportation, environmental, recreational, governmental, educational, charitable, institutional or other similar purpose or held in public trust, whether such use be at the time of acquisition or sometime thereafter; or
b. A public utility, as the same is defined in R.S.48:2-13, with respect to real property or any estate, right, title or interest therein, used or intended to be used, for the provision of utility service to the public.
1c. A non-profit or charitable entity with respect to unimproved land used or intended to be used for the purpose of conservation, recreation, education or environmental protection.1
3. If a person, for 40 years, has possessed real estate that was tidal-flowed prior to that period and not tidal-flowed at any time thereafter, the State shall be barred from any claim of riparian rights and the person shall have good title in the real estate, 1subject nevertheless to applicable laws regarding land use and environmental regulation,1 provided that the possession:
a. meets the conditions of subsections a., b., and c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill);
b. has been based on an instrument describing the property that has been recorded as provided by law; and
c. has been accompanied by payment of all real estate taxes and other assessments on the property.
4. The period of possession of real estate required by P.L. , c. (C. ) (pending before the Legislature as this bill) shall include possession by the person and all others with whom the person is in privity.
5. N.J.S.2A:14-6, N.J.S.2A:14-7, N.J.S.2A:14-8, N.J.S.2A:14-30 and N.J.S.2A:14-31 are repealed.
6. This act shall take effect immediately and shall apply to periods of possession of real estate occurring prior to, on, and after the effective date.