Understanding Tidelands Claims in New Jersey (and Why They Matter)

If you’re buying or selling property in New Jersey — especially near the shore, tidal waterways, or even historic watercourses — it’s important to understand tidelands claims and how they can impact your transaction.

What Are Tidelands?

In New Jersey, tidelands are defined as all land that is currently or was formerly flowed by the mean high tide of a natural waterway. This might include coastal shorelines, tidal streams, back bays, and even areas long filled in by development. Stewart+1

Legally, the State of New Jersey claims ownership of these tidelands and holds them in trust for the public. The state asserts these rights based on historic tidal flow — even where surface water is no longer visible. Stewart

How Tidelands Claims Affect Property Title

🧾 A Cloud on Title

If a tidelands claim exists on a property — even one filled in decades ago — it can show up during a title search as a state ownership interest. That interest becomes a cloud on title, meaning the title is not fully clear until resolved. MyFloodStatus

A tidelands claim can affect:

• Marketability of the property

• Ability to obtain financing

• Title insurance issuance

• Closing delays

• Use rights for docks, piers, or shoreline improvements MyFloodStatus

  
  

Typical Tidelands Encumbrances in NJ

📍 State Ownership Claim

This indicates the state asserts rights to part of the land because it was once tide-flowed. If this appears, the buyer or seller may need to address it before closing. MyFloodStatus

📜 Statement of No Interest

A Statement of No Interest is an official document issued by the State of New Jersey that confirms a property is free from any state tidelands claim. This can greatly help clear title for closing. NJ.gov

📜 Riparian Grant, License, or Lease

Depending on the situation:

• A Riparian Grant conveys state title to a formerly flowed tideland.

• A Tidelands License or Lease permits temporary use of tidelands (e.g., for docks) but does not transfer ownership. Davison Eastman Muñoz Paone, P.A. |

  
  

Grants are offered at fair market value and sometimes with discounts when owners purchased the land without knowing about the claim. njrag

Where Tidelands Are Found — Not Just at the Shore

Contrary to popular belief, tidelands aren’t limited to oceanfront lots. Most counties in New Jersey (except Morris, Sussex, Warren, and Hunterdon) may contain tidelands claims — even where waterways existed long ago but have since been filled or rerouted. Stewart

This is why a thorough title search — including a tidelands report — is so important, even for inland properties near historic water flow. MyFloodStatus

Why This Matters for Your Real Estate Transaction

🔍 Before You Buy

If a tidelands claim shows up during title review, it could lead to:

• Escrow requirements to resolve the claim

• Need for state paperwork or a grant

• Delays that extend beyond typical closing timelines MyFloodStatus

📈 Before You Sell

Clearing a tidelands claim (via a Statement of No Interest or riparian grant) can make your property more marketable and financeable — and reduce unexpected issues during escrow.

How ClosePoint USA Helps

At ClosePoint USA, our title team conducts comprehensive searches, including tidelands investigations when appropriate. We identify state claims early, explain what they mean for your closing, and guide you through options for resolution — all aimed at minimizing surprises and keeping closings on track.

Whether you’re buying, selling, or refinancing a New Jersey property near water or historic waterways, thorough due diligence matters. Partner with a title company that understands local complexities — including tidelands claims — and what it takes to close confidently.