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PANETTA v. EQUITY ONE, INC.

920 A.2d 638 (2007)

190 N.J. 307

Joseph PANETTA, Plaintiff-Appellant, v. EQUITY ONE, INC., Defendant-Respondent. Anne Covey, Plaintiff-Appellant, v. Equity One, Inc., Defendant-Respondent, and Joseph D. Corvaia, Howard W. Smith and John Doe(s), Defendants.

Supreme Court of New Jersey.

Decided May 1, 2007.

Attorney(s) appearing for the Case

Christopher J. LaMonica, Brick, argued the cause for appellant Joseph Panetta.

George Dougherty, Michael S. Morris and Anne Covey, pro se, argued the cause for appellant Anne Covey (Covey & Associates and Katz & Dougherty, attorneys).

Michael J. Milstead, Cherry Hill, argued the cause for respondent (Milstead & Associates, attorneys).

Michael J. Fasano, Freehold, argued the cause for amicus curiae New Jersey Land Title Association (Lomurro, Davison, Eastman & Munoz, attorneys).

Jeffrey A. Oshin, Springfield; Joshua A. Burkhardt, Fort Wayne, IN and Kurt R. Bachman, LaGrange, IN, members of the Indiana bar, submitted a brief on behalf of amicus curiae National Auctioneers Association (Hardin, Kundla, McKeon & Poletto, attorneys, Springfield).

Justice LONG delivered the opinion of the Court.

The primary issue in this appeal is whether a conveyance of real property that makes no 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 right, which is a license or privilege, a riparian grant is a conveyance in fee simple of real property. As such, without specific mention in the deed or other evidence that the parties...

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