Establishes time periods for adverse possession of certain property.

A1588

ASSEMBLY, No. 1588

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Establishes time periods for adverse possession of
certain property.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning certain property rights, supplementing
Title 2A of the New Jersey Statutes and repealing parts of the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� 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 shall be barred from any claim of right and
that person shall have good title in the real estate, except as otherwise set
forth in sections 2 and 3 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill),� provided that during that period the possession has
been:

���� a.���� actual, open and
notorious, of a kind that would notify others of the claim to the property;

���� b.��� inconsistent with
ownership of the property by others; and

���� c.���� continued
uninterruptedly for the requisite period by the person and the person�s
predecessors by occupancy, descent, conveyance or otherwise.

���� 2.��� Except as provided in
section 3 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), this act shall not limit the estate, right, title or
interest of, or bar any claim or action by:

���� a.���� The State, any agency
thereof, or any political subdivision of the State, including, but not limited
to, its instrumentalities and independent authorities, or any county or
municipality, or any agency or authority of a county or municipality, with
respect to real property or any estate, right, title or interest therein, that
was at any time 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, whether such
use be at the time of acquisition or sometime thereafter; or

���� b.��� A public utility, as the
same is defined in R.S.48:2-13, 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.

���� c.���� 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.

���� 3.��� If a person, for 40
years, has possessed real estate that was tidal-flowed prior to that period and
not tidal-flowed at any time thereafter, the State shall be barred from any
claim of riparian rights and the person shall have good title in the real estate,
subject nevertheless to applicable laws regarding land use and environmental
regulation, provided that the possession:

���� a.���� meets the conditions of
subsections a., b., and c. of section 1 of P.L.��� , c.���� (C.������ )
(pending before the Legislature as this bill);

���� b.��� has been based on an
instrument describing the property that has been recorded as provided by law;
and

���� c.���� has been accompanied by
payment of all real estate taxes and other assessments on the property.

���� 4.��� The period of possession
of real estate required by P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) shall include possession by the person and all others
with whom the person is in privity.

���� 5.��� 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 are repealed.

���� 6.��� This act shall take
effect immediately and shall apply to periods of possession of real estate
occurring prior to, on, and after the effective date.

STATEMENT

���� 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.