New Jersey Statewide Rule
New Jersey Adverse Possession: 30 Years, or 60 Years for Woodlands
Key Facts
- Standard period
- 30 years of actual, continuous possession
- Woodlands / uncultivated
- 60 years required
- Statute
- N.J.S.A. 2A:14-30 (and 2A:14-31, 60-year bar)
- Elements
- Open, notorious, exclusive, hostile, continuous; tacking allowed
Summary
A squatter cannot gain title quickly in New Jersey. Under N.J.S.A. 2A:14-30, thirty years of actual, continuous possession of real estate vests title in the possessor, and sixty years is required for woodlands or uncultivated tracts. The possession must be open, notorious, exclusive, hostile, and uninterrupted, and time can be tacked across successive occupiers.
Thirty years' actual possession of any real estate excepting woodlands or uncultivated tracts, and 60 years' actual possession of woodlands or uncultivated tracts, uninterruptedly continued by occupancy, descent, conveyance or otherwise, shall, in whatever way or manner such possession might have commenced or have been continued, vest a full and complete right and title in every actual possessor or occupier of such real estate, woodlands or uncultivated tracts, and shall be a good and sufficient bar to all claims that may be made or actions commenced by any person whatsoever for the recovery of any such real estate, woodlands or uncultivated tracts.
Full Breakdown
New Jersey's adverse-possession period is among the nation's longest. N.J.S.A. 2A:14-30 provides that thirty years' actual possession of any real estate, excepting woodlands or uncultivated tracts, and sixty years' actual possession of woodlands or uncultivated tracts, "uninterruptedly continued by occupancy, descent, conveyance or otherwise," vests a full and complete title in the possessor and bars the prior owner's claim. A related limitations statute, N.J.S.A. 2A:14-31, bars recovery of real estate after 60 years regardless. Courts require the possession to be actual, open and notorious, exclusive, continuous, and hostile for the full term; a predecessor's qualifying possession may be "tacked" to a successor's to total the years.
Violations & Penalties
No specific statutory penalty. A squatter without the full statutory period has no possessory right and is a trespasser subject to ejectment; a record owner who proves up adverse possession under N.J.S.A. 2A:14-30 may quiet title against competing claims.
Frequently Asked Questions
How long for squatters' rights in New Jersey?
Can squatters legally take property in New Jersey?
Sources
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