Off Pending wrote:At the very least, I would think management at BRW would take more interest in the property encroachment in the L'vile area. Should they fail to enforce their property lines and rights now, it could prove to be problematic if it goes on for too long. I've heard of cases where a property owner didn't enforce their property rights and ended up losing the disputed property to those who were doing the encroaching. Not sure how accurate that assertion was, but it's worth a thought.
At least partially accurate:
In general: NJ's statute of limitations on adverse possession is as follows:
N.J.S.A. 2A:14-6. 20 years; right of entry into real estate
Every person having any right or title of entry into real estate shall make such entry within 20 years next after the accrual of such right or title of entry, or be barred therefrom thereafter.
L.1951 (1st SS), c.344.
Note that the possession by the adverse party must be adverse, e.g., assertive and in some manner excluding the rightful owner. Under the legal principle that "equity abhors a forfeiture" only a slight exercise of property rights at any time before the expiration of 20 years, starts a new 20 year period before adverse possession can be claimed. Even walking or inspecting the property, etc. can start a new 20 year period.
Specific: If I recall correctly, public utilities, including railroads, enjoy an exemption from adverse possession. If nothing else, title to public utility property cannot be transferred without approval of the relevant regulator. So no need for concern as the property is a railroad. Were the line to Lambertville to actually be abandoned, that might be a concern after 20 years of non entry had elapsed.
P.S. Real property laws, which more or less date back back to feudal times, fascinates me for some reason. Thanks for the question.
