What are riparian rights and how can they affect my property on Long Beach Island NJ, 08008?
If you own a waterfront property on Long Beach Island, chances are, you need to know the answer to this question. Not only do you need to know this question but also a multitude of other questions:
- Do I have riparian rights?
- If so is it a grant or or a license?
- What are the differences between the two?
- If I don't have any riparian rights, is it possible that I have a tide-lands claim?
- What is a tidelands claim?
All of these questions and more can be answered at the NJDEP Land Use web site
Ring any bells? This is the confusing stuff that most Realtors don't take the time to understand and it can severely impact the value of your property, good and bad. So lets get down to it. (All of these answers are taken from the website above)
What are riparian rights?
Riparian rights are the rights of owners adjacent to tide-lands to be the first to request the use of those areas. These lands are owned by all of the people of the State of New Jersey, so you must get permission from the State for the primary use of these lands in the form of a tide-lands license, lease or grant, and you must pay for this use.
Clarification: Typically, riparian rights are the water rights that extend from your waterfront property to a certain predetermined spot. Most of the time this is where bulkheads and docks are built. Normally the riparian will cover the the width of the waterfront property.
If you look at the picture below, you can see that lots 2-6 are waterfront. Only lot 3 has a riparian grant it is the width of the lot itself and extends to the peirhead line. The other properties do not have riparian rights.
What is the difference between a riparian grant and a riparian license?
A riparian grant, or tide-lands grant, is a deed from the State of New Jersey selling its tide-lands. Tide-lands grants are generally only issued for lands that have already been filled in and are no longer flowed by the tide.
A tide-lands license is a short term revocable rental document to use tide-lands generally for structures such as docks, bulkhead extensions, mooring piles, and other temporary structures as well as for dredging projects. Licenses are project specific and expire after a finite term ranging from one to ten years. Most licenses may be renewed.
Clarification: A riparian grant is a riparian right that was bought outright, a license is pretty much like leasing riparian rights. This is an option that many people are forced into when riparian grants are not already issued.
What are tide-lands, what is a tide-lands claim and is it possible that my property has one?
What are tide-lands?
Tide-lands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway. Generally, the State does not own artificial waterways such as lagoons. However, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of the lagoon.
Who owns the tide-lands?
The State of New Jersey owns all tide-lands except for those to which it has already sold its interest in the form of a riparian grant.
Clarification: Usually, waterfront properties already have the rights to the tide-lands with riparian rights. If there are currently no riparian rights to a waterfront property, there is a good chance that the state of New Jersey owns the tide-lands. If this is true, the property has a tide-lands claim.
Below I have included a picture of an example property that has a tide-lands claim. The left hand side of the picture ifs the waterfront. The first green line across both lots is the tide-lands clam. This is a part of the land that the state deemed "lands now or formerly flowed by the mean high tide of a natural waterway."
Consequences: If a situation like this is not cleared up there are a few consequences to come from it.
- Any requests or permits to the state or CAFRA will be denied unless a statement of no interest is obtained.
- Some lots will be deemed not buildable unless there is a big enough buffer from the mean high water mark and there is sufficient square footage outside of the tide-lands claim.
There are many ways to handle these situations but I would suggest talking to a lawyer to go over all of the options and choose which one is right for you
To view one of my listings with 50x50 foot riparian rights Click this link
If you have any other questions please do not hesitate to ask. Almost 75% of my sales are waterfront. 609-713-8952 or email me CJDavies3@Gmail.com
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