New Jersey Assembly Bill A653

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Establishes time periods for adverse possession of certain property.

Impact

The bill specifically addresses the complexities surrounding properties that have previously been tidal-flowed, extending the adverse possession period to 40 years for such properties under certain conditions. Notably, the new provisions clarify that claims on publicly-owned or utility properties will not be limited by this new statute, thereby protecting public interests and resources from private ownership claims. The intended effect is to provide a more definitive legal approach to property claims that respects both individual rights and public holdings.

Summary

Assembly Bill A653 seeks to modify the laws governing adverse possession in New Jersey. It establishes a statutory scheme that allows individuals to claim ownership of real estate after a period of 20 years of uninterrupted possession, barring claims from previous owners. This change aims to streamline the existing laws and resolve inconsistencies that have arisen in court decisions over the past years. The bill is based on recommendations from the New Jersey Law Revision Commission, emphasizing the necessity for clarity within the legal framework around property rights.

Contention

Discussions around A653 may invoke contention from various stakeholders, particularly in relation to how the changes to adverse possession laws may affect land use, environmental regulations, and access to resources. Critics could argue that the bill may enable individuals to claim public or sensitive environmental lands under certain circumstances. Additionally, the extended periods of adverse possession could lead to disputes regarding property rights, especially for properties designated for public service or conservation efforts.