Detailed Answer
In New Jersey, paying property taxes alone does not create an ownership interest in real property. Ownership transfers only when a valid deed or other conveyance instrument is properly executed, delivered and recorded in county land records.
Ownership and Deeds
Under N.J.S.A. 46:15–1, a deed is the primary document that transfers legal title. The deed must identify the grantor and grantee, describe the property, and include a proper legal metes-and-bounds description. Recording the deed at the county clerk’s office provides public notice of your interest.
Payment of Property Taxes
New Jersey law requires property owners to pay annual property taxes under N.J.S.A. 54:4–67. Paying taxes protects an owner against tax sale but does not itself grant title or any equitable ownership interest to the payer. If you pay taxes on someone else’s property without an agreement, you may recover those payments only under contract or equity, not by acquiring title.
Adverse Possession and Tax Payment
Under New Jersey law, adverse possession requires actual, open, hostile, exclusive and continuous possession for 30 years and payment of property taxes on the land during that period (N.J.S.A. 2A:14–5). Mere tax payment without meeting all other possession requirements does not establish an adverse possession claim.
Disclaimer: This article does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney in New Jersey.
Helpful Hints
- Obtain and record a deed to confirm legal ownership.
- Keep receipts for any tax payments you make if you intend to seek reimbursement.
- Verify all elements required for adverse possession: actual, open, hostile, exclusive and continuous possession plus tax payments for 30 years.
- Consult a New Jersey attorney before making payments intended to affect property title.
- Check the county tax collector’s website for property tax statements and deadlines.