N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-52
Dismissal of action involving title of land
Operative Text
If upon trial of a landlord and tenancy proceeding the plaintiff shall not be able to prove, by lease or other evidence, his right to the possession of the premises claimed by him without proving title to lands, tenements and hereditaments, the cause shall be dismissed, provided however that an assignee or grantee of a landlord may, at the trial or hearing, offer in evidence a deed or other writing for the purpose of showing the assignment or grant by the landlord. Furthermore a deed or other writing may be received for the purpose of showing the right to possession of the premises for the recovery of which the proceedings are brought.
Under N.J.S.A. 2A:18-51 et seq. § 2A:18-52, a landlord-tenant proceeding must be dismissed if the plaintiff cannot establish a right to possession without first proving title to the land itself—landlord-tenant courts are not the proper venue for resolving underlying ownership disputes. However, the statute carves out a limited exception: an assignee or grantee of a landlord may introduce a deed or other written instrument to show that the right to possession was transferred to them, and such documents may also be used more broadly to demonstrate a right to possession of the premises at issue.
Plain English — not legal advice.
Property owners and managers pursuing eviction or possession actions under N.J.S.A. 2A:18-51 et seq. § 2A:18-52 generally ensure that their claim to possession rests on a landlord-tenant relationship—such as a lease—rather than on disputed ownership of the underlying land. Operators who have acquired a property through assignment or grant typically bring the relevant deed or written transfer document to the proceeding to establish their standing to seek possession. Maintaining clear, organized records of leases, assignments, and conveyances helps demonstrate the right to possession without triggering the dismissal provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-51 et seq. § 2A:18-52 gives tenants a potential procedural defense: if the party seeking possession cannot show a right to the premises without litigating who actually owns the land, the case is subject to dismissal. Tenants who believe the plaintiff's claim depends on resolving a title dispute—rather than a straightforward landlord-tenant relationship—may raise this as a defense in the proceeding. Consulting a tenant-rights organization or legal aid office can help tenants understand whether this provision applies to their circumstances and what steps are generally available to raise such a defense.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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