Supreme Court of New Jersey

Walker Rogge, Inc., a New Jersey Corporation, Plaintiff-Respondent and Cross-Appellant v. Chelsea Title & Guaranty…

August 9, 1989116 N.J. 517

Summary

The Supreme Court of New Jersey reversed the lower courts' finding that Chelsea Title & Guaranty Company was liable under its title policy and in negligence for an acreage shortage, dismissed all negligence claims against Chelsea and the surveyors, and remanded the case for further determination of liability and damages. The Court also held that the survey exception in the policy excludes coverage for the acreage shortage and that the statutory duty to conduct a reasonable title search does not create a tort duty.