CATHERINE O'NEILL, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE WILL OF JOHN I. O'NEILL, DECEASED, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. STATE HIGHWAY DEPARTMENT OF NEW JERSEY AND DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. CATHERINE O'NEILL, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE WILL OF JOHN I. O'NEILL, DECEASED, THIRD-PARTY PLAINTIFF-APPELLANT, v. LAWYERS TITLE INSURANCE CORPORATION, A VIRGINIA CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, THIRD-PARTY DEFENDANT-RESPONDENT, 50 N.J. 307

Summary

Plaintiff property owner and defendant highway department contracted to sell defendant property which was allegedly already owned by the state. The trial court found that the title to the tidelands was in the state, but it was estopped from asserting that title because of the contract between defendant highway department and plaintiff. Plaintiff sought to have defendant title company defend them in their suit, but upon the trial court's finding that title was in the state, the trial court found plaintiff's title policy did not cover the tidelands. The parties appealed the trial court's findings and the court held that the tidelands were defined under N.J. Stat. Ann. § 18:10-5. It further concluded that it was unclear as to what burden of persuasion the trial court used in determining title and that there was an issue regarding high-water mark due to artificial disturbances. The burden of persuasion with respect to the impact of artificial change rested upon the state as to lands ...