Lands now or formerly flowed by the tides belong to the State of New Jersey. State riparian claims are numerous. One way to defend against such a claim is to show that the land was filled prior to the repeal of the Wharf Act, which had allowed citizens to fill tideflowed land adjacent to the upland and thus acquire legal title to it. Showing that the land was filled prior to the repeal of this act may be a defense to a State riparian claim.
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REAL ESTATE LAW
Defending Against State Riparian Claims with the Wharf Act
New Jersey Law Journal
November 7, 2012
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