NJ Tidelands Report

What is a WTG Tideland Report?

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A Tidelands Report is a search for the presence of a state tideland claim on a specific property; including a search for any instruments (grants, leases, and licenses) associated with that claim.

My Property Is Not At The Shore Or Near The Ocean, Should I Still Run A Report?

Yes. Tidelands claims include current and formerly flowed tidal waters. Some of these claims go back more than 100 years. Every county in New Jersey – with the exception of Hunterdon, Warren, Sussex, and Morris – have Tidelands claims. Some of these claims extend many miles from the ocean.

What Are Tidelands?

Tidelands, also known as riparian lands, are all lands that are currently and formerly flowed by the mean high tide of a natural waterway. Barnegat Bay, a naturally tidal body of water, is an example of Tidelands. However, new creek, a tiny tidal stream that flowed through the city of Newark a century ago but has since been filled in and built over, is also an example of Tidelands. New Jersey contains an extensive network of Tidelands, both big and small.

The State of New Jersey claims ownership of these Tidelands and holds them in trust for the people of the state. All Tidelands are overseen by the Tidelands Resource Council, a board of twelve governor-appointed volunteers, along with DEP staff at the bureau of Tidelands management.

Since Tidelands are public lands, you must obtain written permission from the State and pay a fee in order to use these lands. Common uses of Tidelands include docks, mooring piles, bulkheads and other fill materials. Some (formerly flowed) Tidelands may be sold in the form of a riparian grant while others (currently flowed) may only be rented through either a Tidelands license or lease.

What is a Tidelands lease, license or grant?

A Tidelands lease, license, and grant are instruments issued by the State of New Jersey.

A Tidelands lease is a long term rental agreement from the state of New Jersey for the use of its Tidelands. Leases are generally issued for projects involving long term financing issues such as houses that have been constructed over currently flowed Tidelands or large scale development projects. A Tidelands license is a short term rental agreement from the state of New Jersey for the use of its Tidelands. Licenses may be issued for fixed structures, such as docks, piers, mooring piles, floating docks, boat lifts, riprap, and bulkheads.

A Tidelands grant is a deed from the state of new jersey for the sale of its Tidelands. A grant releases all rights of the state to the current upland owner and relinquishes the rights of the state to that land. In general, the state of New Jersey will only issue a grant for formerly flowed claims.

How Can A Tidelands Claim Block Or Hinder The Sale Of My Property?

A state Tidelands claim is a cloud on a property owners title regardless of whether or not that property owner is aware of the claim at the time of purchase. When a property is being sold, the title company will run a riparian (Tidelands) report. If a claim is found the title company may require monies be held in escrow to cover the claim, or that the claim be released prior to sale.

In addition, securing a mortgage will be difficult or impossible until the issues are resolved. If there is a need to petition the Tidelands Bureau for a resolution, that process can take months or even years for final resolution.

What Is A Statement Of No Interest?

A Statement of No Interest is an official document issued by the state of New Jersey attesting to the fact that a particular property or area is free from all state Tidelands claims, or that the claim is so small or insignificant, the state has no interest in pursuing the claim.

I've owned my property for many years. I'm not aware of any Tidelands claims. Could there still be a claim that I am not aware of?

Yes. We regularly see situations where a title company runs a Tidelands report on a property being sold and an unknown claim is discovered.

Is a Tideland Report insured?

Yes. Our Tidelands Report is insured for errors and omission to $3,000,000.00 per event.