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The New Jersey Doctrine follows the objective view of boundary disputes under a claim of right with a small twist; if the encroachment is of a small area and not clear to the naked eye but only becomes clear with a survey, the encroachment is not open and notorious.


The foundation of so-called 'title by adverse possession' is the failure of the true owner to commence an action for the recovery of the land involved, within the period designated by the statute of limitations. The justifications for the doctrine are aptly stated in 4 Tiffany, Real Property (3d ed. 1939) § 1134, p. 406 as follows: 'The desirability of fixing, by law, a definite period within which claims to land must be asserted has been generally recognized, among the practical considerations in favor of such a policy being the prevention of the making of illegal claims after the evidence necessary to defeat them has been lost, and the interest which the community as a whole has in the security, of title. The moral justification of the policy lies in the consideration that one who has reason to know that land belonging to him is in the possession of ...

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