Bill > A653

Introduced Session

This bill establishes a statutory scheme for adverse possession by repealing conflicting statutes and establishing a 20-year adverse possession period. The bill also clarifies certain case law concerning publicly owned property, and protects the rights of owners of certain property that was tidal-flowed more than 40 years ago. Adverse possession: Currently, N.J.S.2A:14-30 and 2A:14-31 provide that an adverse possessor can acquire title to real estate after 30 years' uninterrupted possession (or after 60 years if the property consists of woodlands or uncultivated tracts). However, these provisions are not consistent with two other statutes, N.J.S.2A:14-6 and 2A:14-7, which set out a 20-year statute of limitations for actions concerning real estate, such as actions by a record owner to recover possession. In J & M Land Co. v. First Union Nat'l Bank, 166 N.J. 493 (2001), the New Jersey Supreme Court held that an adverse possessor does not acquire title after 20 years, though after 20 years the adverse possessor may defeat an action by a record owner to recover possession. The adverse possessor can acquire title only after 30 years' possession (or, where applicable, 60 years' possession). The Supreme Court noted that the Legislature might choose to clarify the matter by enacting appropriate legislation, 166 N.J. at 521, and this bill is intended, in part, to provide clarification by establishing a 20-year adverse possession period. Under section 1 of the bill, 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 are barred from any claim of right and that person will have good title in the real estate, except as otherwise set forth in sections 2 and 3 of the bill, provided that during that period the possession has been:-- actual, open and notorious, of a kind that notifies others of the claim to the property;-- inconsistent with ownership of the property by others; and-- continued uninterruptedly for the requisite period by the person and the person's predecessors by occupancy, descent, conveyance or otherwise. Publicly-owned or public utility property: Section 2 of the bill provides that except as provided in section 3, the bill does not limit the estate, right, title or interest of, or bar any claim or action by:-- the State, any State agency, or any political subdivision of the State, with respect to real property that was 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;-- a public utility 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; or-- 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. Tidal-flowed property: Section 3 of the bill provides that the 20-year adverse possession period also does not apply to certain property that was previously tidal-flowed for which the State may have a claim for rights. The bill provides that if a person, for 40 years, had possessed such property and paid taxes on it; if title was properly recorded as required by law; and if the property was tidal-flowed prior to the 40-year period of possession but not tidal-flowed at any time thereafter, the State's claim to the property is barred and the person is given good title in the real estate, subject nevertheless to applicable laws regarding land use and environmental regulation. As a result, this previously tidal-flowed property requires a greater, 40-year adverse possession period against the State and other conditions, instead of the 20-year period otherwise applicable to adverse possession claims pursuant to the bill. Further provisions: Section 4 of the bill provides that the required period of possession of real estate includes possession by the person and all others with whom the person is in privity. To effectuate changes to the State's adverse possession law, section 5 of the bill repeals 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 concerning adverse possession. Section 6 provides for the bill to take effect immediately and to apply to periods of possession of real estate occurring prior to, on, and after the effective date. The bill is based, in part, on recommendations by the New Jersey Law Revision Commission in its 2008 report relating to adverse possession.

AI Summary

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Sean Kean (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document