When purchasing a waterfront property on Long Beach Island, it is important to know if you are obtaining any riparian rights. Riparian rights are the rights of a landowner whose property is adjacent to a water body. In New Jersey, these rights are governed by the Tidelands Resource Council. The council oversees all tidelands, which are lands that are now or were formerly flowed by the mean high tide of a natural water body, such as the ocean, bays, and tidal sections of rivers and creeks, and also includes marshlands inundated by the tide. If you receive riparian rights on LBI it will most likely be in the form of a riparian grant, riparian lease, or a riparian license.

Riparian grants are deeds from the State of New Jersey for the sale of its formerly flowed tidelands. The purchase of the grant is a one-time payment to the state. Obtaining a riparian grant is appropriate if any portion of the upland of a property was, at one time, flowed by the mean high tide. That portion of the property that was formerly tidal is state-owned property despite the fact that it has been filled in and the former waterway is no longer evident. The state-owned section of the property is known as a Tidelands Claim; a Tidelands Claim is a cloud on a property owner’s title regardless of whether or not that property owner is aware of the claim at the time of purchase. Obtaining a riparian grant is not mandatory; however, a grant may be desired to clear title to a property encumbered with a Tidelands Claim. Current policy is to issue grants only for filled tidelands. That is, the State of New Jersey no longer sells currently flowed tidelands.

On the other hand, a riparian lease/license is a legal agreement between the State of New Jersey and a property owner that allows the owner to use the state-owned tidelands for a specific purpose, such as a dock or bulkhead. A lease is required for all proposed construction as well as any past construction regardless of whether or not the current property owner is responsible for that construction. Smaller construction projects over currently flowed tidelands require a license rather than a lease. Both a lease and license require yearly payments.

In summary, a riparian grant is a deed from the State of New Jersey for the sale of its formerly flowed tidelands, while a riparian lease/license is a legal agreement between the State of New Jersey and a property owner that allows the owner to use the state-owned tidelands for a specific purpose. Obtaining a riparian grant/lease/license is not mandatory, but it may be desired to clear title to a property encumbered with a Tidelands Claim.

Interested in learning more about Riparian Rights and how to figure out if your property or a property you are interested in has a Tidelands Claim? Reach out today!