Search Rutgers Law Library N.J. Court Opinions

1 JOSEPH PANETTA v. EQUITY ONE, INC. -- rank: 1000

... the conveyance included only the upland property. We reverse because N.J.S.A. 46:3-16 mandates that deeds be construed to include all appurtenant property ... had not already resolved this issue in our opinion, that N.J.S.A. 46:3-16 did not require a construction of the deed that would ... FOCUSING ON THE WRONG INSTRUMENT TO DETERMINE THE APPLICABILITY OF N.J.S.A. 46:3-16 AND INCORRECTLY HELD THAT N.J.S.A. 46:3-16 DOES NOT APPLY TO APPURTENANCES AS A MATTER OF LAW ... that the scope of the deed was not governed by N.J.S.A. 46:3-16 but by the parties' actual intentions, and (c) by operation of law, N.J.S.A. 46:3-16 requires an interpretation of the deed that would encompass ...

docket:	a6813-03
court:	njappellate
decided:	2005-06-15
status:	published
citation:	378 N.J. Super. 298
Document Size:	107052

2 Panetta v. Equity One -- rank: 952

... mention of an abutting riparian grant can be construed under N.J.S.A. 46:3-16 to include that grant as an appurtenance.     Several generations of ... also included. (pp. 13-14) The Appellate Division broadly interpreted N.J.S.A. 46:3-16 to sweep in all property interests contained within or deemed ... the riparian grant was appurtenant to the upland lot under N.J.S.A. 46:3-16 and that it passed with the deed to the upland ... which are not identical and are not similarly governed by N.J.S.A. 46:3-16. This case centers on a riparian grant of real property ... mention of an abutting riparian grant can be construed under N.J.S.A. 46:3-16 to include that grant as an appurtenance. Unlike a riparian ... followed the upland property as a matter of law under N.J.S.A. 46:3-16, which provides: Every deed conveying land shall, unless an ...

docket:	a-2-06
court:	njsupreme
decided:	2007-05-01
status:
citation:	*CITE_PENDING*
Document Size:	62124

3 /usr/local/share/www/libweb/collections/courts/appellate/a3722-16.opn.html -- rank: 788

... courses, rights, liberties, privilege of every part and parcel thereof. N.J.S.A. 46:3-16. Owners of land adjacent to a stream or water body ... A-3722-16T2 adjacent water and is facially included in N.J.S.A. 46:3-16.' Id. at 317. However, '[a] riparian grant is a separate ... grants are not identical and are not similarly governed by N.J.S.A. 46:3-16.' Ibid. As the Court held: Unlike a riparian right, which ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20233

4 JAMES and DOLORES McADAMS MICHELE McLAUGHLIN-SCOTT v. DAGIT BROTHERS HOLDING COMPANY LLC. -- rank: 667

... South Jersey Mortgage judgment declaring those rights, and because both N.J.S.A. 46:3-16 and the common law grant riparian rights to adjoining landowners ... alternative ground supporting summary judgment, the judge concluded correctly that N.J.S.A. 46:3-16 protects McGowan's riparian right to use of the lagoon ... 190 N.J. 307 , 321 (2007), the Court noted that N.J.S.A. 46:3-16 codifies common law rights. The Court discussed the "critical" difference ... Court held that a riparian right "is facially included in N.J.S.A. 46:3-16." Id. at 317. Consequently, if McGowan's predecessors in title ...

docket:	a5139-07
court:	superior court appellate division
decided:	2010-02-17
status:	unpublished
citation:
Document Size:	57553