Ask Nick – Serving a Riparian Grant

Q. Our title search shows a riparian grant issued to a prior owner and included in the legal description of the deeded property, and the subsequent mortgage. Do we need to include the State of NJ as a defendant for notice purposes due to the riparian grant? My understanding is that since this is a grant (as opposed to a license that would require a new application, etc.) and the grant is effectively assigned by virtue of the mortgage, the State has already divested itself of its interest and would not need to be a defendant.

A. The riparian grant from the State of New Jersey is a transfer of the property covered by the grant from the State of New Jersey to the upland owner. There is no need to include the State of New Jersey in your action. You do, however, need to include the legal description of the Grant as shown in the legal description contained in the Mortgage.

 

Under no circumstances is Fortune Title Agency, Inc. or any of its employees giving any legal advice.  The Ask Nick Q’s and A’s are based on situations that the company has experienced and is sharing with the public for informational purposes only.  Always contact your attorney for any legal advice.

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