A licensed New Jersey land surveyor determines the line, but on tidal waterfront it's set by two things: the deed, and the State of New Jersey's tidelands (riparian) records. Land below the historic mean high water line belongs to the State unless a riparian grant conveyed it to a prior owner. So the property line at a bulkhead may be the bulkhead, a line landward of it, or a line out into the lagoon — and only a survey that pulls the deed, the tidelands claim map and any riparian grant can say which.
Why the bulkhead usually isn't the line
Bulkheads are built where the contractor put them — often at the water's edge as it existed when the lagoon was dredged or the lot was filled, sometimes replaced a foot or two off the original line. The legal boundary is a different thing entirely. On tidal water in New Jersey, the State claims ownership of all land that was ever flowed by the tide at mean high water, going back to the original natural shoreline. Most of the lagoon lots in Brick, Toms River, Point Pleasant, Lavallette and Beach Haven West were created by filling exactly that kind of land, which means the State's historic claim can run well landward of today's bulkhead — in some cases under the house.
Riparian grants, licenses and the tidelands map
The State resolves this by conveying its interest through a riparian grant (a deed from the State, recorded with the county) or a license or lease (a right to use, not own — common for docks). The NJDEP tidelands claim maps show where the State asserts its interest lot by lot. If a prior owner obtained a grant, the deed describes a line that is often out beyond the bulkhead, and you own to that line. If no grant exists, the State still holds title to the formerly tidal portion, and the property line may sit landward of the bulkhead regardless of what the deed says.
What the survey has to do
- Pull the deed, prior surveys and subdivision or filed maps for the lot.
- Check the NJDEP tidelands claim map and the county record for any riparian grant, license or lease affecting the parcel.
- Locate the bulkhead, dock, pilings and any structures relative to the deed line and the grant line, and show all three when they differ.
- Set or recover the upland corners; note that the waterfront corners are typically referenced, not physically set in the water.
- Show the result on a sealed plat with the riparian grant referenced by book and page so your attorney and title company can act on it.
Why it matters — closings, docks and insurance
An unresolved tidelands claim is a title defect. Lenders and title companies flag it at closing, and clearing it means applying to the State for a grant, which takes months. Dock and bulkhead permits depend on it too — you need the State's authorization to build on tidelands, and the survey establishes where that starts. If you're buying a lagoon lot, order a survey that specifically addresses riparian rights early in attorney review; if you're selling, know your status before you list.
Who to call
Waterfront boundary work is a specialty. It requires a surveyor who works with the tidelands maps and riparian grant records routinely, and who knows how the shore's lagoon communities were platted. We've been surveying the Ocean County bayfront out of Lavallette since 1972; this is much of what we do. Send us the address and we'll pull the tidelands status before we quote.
Where we do this most
Riparian and bulkhead boundary work is concentrated in the lagoon and bayfront communities of Barnegat Bay and the LBI back bays: