46:3-1. Feudal tenures abolished
The feudal tenure estates, and the incidents thereof, taken away, discharged and abolished from and after March
twelfth, one thousand six hundred and sixty-four, by section two of an act entitled “An act concerning tenures,”
passed February eighteenth, one thousand seven hundred and ninety-five, [FN1] shall so continue to be taken
away, discharged and abolished; and no such estate, or any incident thereof, shall, at any time, be created in any
manner whatsoever.
[FN1] Rev.1877, p. 165, repealed.
Source: L.1898, c. 232, § 10, p. 673 [C.S. p. 1537, § 10].
46:3-2. Certain tenures and holdings turned into free and common socage
The tenures of honors, manors, lands, tenements, or hereditaments, or of estates of inheritance at the common
law, held either of the king of England, or of any other person or body politic or corporate, at any time before
July fourth, one thousand seven hundred and seventy-six, and declared, by section three of an act entitled “An
act concerning tenures,” passed February eighteenth, one thousand seven hundred and ninety-five, [FN1] to be
turned into holdings by free and common socage from the time of their creation and forever thereafter, shall
continue to be held in free and common socage, discharged of all the tenures, charges and incidents enumerated
in said section three.
[FN1] Rev.1877, p. 166, § 70, repealed.
Source: L.1898, c. 232, § 11, p. 674 [C.S. p. 1537, § 11].
46:3-3 Certain conveyances to operate in free and common socage
All conveyances and devises of any manors, lands, tenements or hereditaments, made at any time prior to July
fourth, one thousand seven hundred and seventy-six, shall be construed to be of such effect as if such manors,
lands, tenements or hereditaments had been then held and continued to be held in free and common socage only.
46:3-4. Rents certain or rights and incidents to common socage not discharged
Nothing contained in this title shall take away or be construed to take away or discharge any rents certain, or
other rights incident or belonging to tenure in common socage created prior to July fourth, one thousand seven
hundred and seventy-six, and due or to grow due to this state or any person, or the distresses incident thereunto.
46:3-5. Alienation of freeholds (statute quia emptores terrarum)
From and after March eighteenth, one thousand seven hundred and ninety-five, any freeholder may give, sell or
alien the real estate whereof he is, or at any time shall be, seized in fee simple, or any part thereof, at his
pleasure; and such donee, purchaser or alienee shall hold the same free of any tenure or service to the donor,
seller or alienor.
46:3-6. Gifts, grants and conveyances by state allodial
All gifts, grants, or conveyances, made prior to and after July fourth, one thousand seven hundred and seventysix, of any estate of inheritance, by letters patent, under the great seal of this state, or in any other manner by this
state, by the legislature thereof, or by the commissioners or agents of forfeited estates, or by other lawful and
competent authority under this state, shall be and remain allodial, and not feudal, and shall forever be and
continue in free and pure allodium only, forever discharged of all feudal tenures and the incidents thereof, and
all other services whatsoever.
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46:3-7. Transferability of estates of expectancy
From and after March fourteenth, one thousand eight hundred and fifty-one, any person may devise, or, by deed,
convey, assign or charge, any such contingent or executory interest, right of entry for condition broken or other
future estate or interest in expectancy, as he may have or shall at any time be entitled to, or presumptively be
entitled to, in any real estate, or any part of such right, estate or interest, although the contingency on which
such right, estate or interest is to vest may not have happened; and every person to whom any such right, estate
or interest shall have been or be devised, conveyed or assigned, his heirs or assigns, shall, on the happening of
such contingency, be entitled to stand in the place of the person by whom the same shall have been or be
devised, conveyed or assigned, his heirs and assigns, and to have the same interest, right or estate, or such part
thereof, as shall have been or be devised, conveyed or assigned to him, and the same actions and remedies
therefor as the person originally entitled thereto or his heirs would then have been entitled to if no devise,
conveyance, assignment or other disposition thereof had been made.
This section shall not be construed to have empowered or to empower any person to dispose of any expectancy
which he may have had or have as heir of a living person, or any contingent estate or expectancy, where the
contingency is as to the person in whom, or in whose heirs, the same may vest, or any estate, right or interest to
which he may or may have become entitled under any deed to be thereafter executed, or under the will of any
living person.
This section shall not be construed to render any contingent estate or other estate or expectancy herein
mentioned liable to be levied upon and sold by virtue of an execution.
46:3-8. Grants of real estate, rents, reversions or remainders without attornment of tenant
Every grant or conveyance of real estate or of the rent derived therefrom, or of the reversion or remainder
thereof, shall be good and effectual without the attornment of the tenant; but no tenant who, before notice of
such grant or conveyance, shall have paid the rent to the grantor, shall be prejudiced or suffer any damage by
such payment.
46:3-9. Conveyance of uses (statute of uses)
Every person, to whom the use or uses of any real estate within this state have been sold, given, limited, granted,
released or conveyed by deed, grant or any other legal conveyance whatsoever, or that shall hereafter be granted
by any deed or conveyance whatsoever, and his heirs and assigns, shall be held to be in as full and ample
possession of such real estate, to all intents, constructions and purposes, as if such person, his heirs and assigns,
were possessed thereof by solemn livery of seizin and possession, any usage or custom to the contrary
notwithstanding.
46:3-10. Fines and common recoveries abolished
From and after June twelfth, one thousand seven hundred and ninety-nine, no fine or common recovery that has
been or shall be entered, made, had or suffered in any court of record of this state, shall operate or be construed
to be a conveyance or assurance of real estate, or in any way bar the issue in tail, or the reversioner or
remainderman of their lawful claims and entries, any usage or custom to the contrary in anywise
notwithstanding.
46:3-11. Collateral warranties by ancestor abolished
A collateral warranty of real estate by an ancestor, who, at the time of making it, has no estate of inheritance in
possession therein, shall be inoperative and void against his heirs.
46:3-12. Warranties by life tenant void as to reversioners or remaindermen
A warranty made by a tenant for life of real estate shall be inoperative and void against all persons to whom
such real estate shall descend or come in reversion or remainder.
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46:3-13. Fee simple; creation by deed; construction favorable to creation
Every deed conveying lands shall, unless an exception be made therein, be construed to include all the estate,
right, title, interest, use, possession, property, claim and demand whatsoever, both in law and equity, of the
grantor, including the fee simple if he had such an estate, of, in and to the premises conveyed, with the
appurtenances, and the word "heirs" shall not be necessary in any deed to effect the conveyance of the fee
simple; and every deed conveying lands to executors, trustees or other fiduciaries, in which the granting clause
or habendum clause runs to the "successors and assigns" , shall, unless other words of limitation are used, be
construed as conveying the fee simple of the grantor if he had such an estate, to the same effect as if the words
"heirs and assigns" had been used.
If, in any suit to reform a deed of conveyance of lands, whether absolute or by way of mortgage, the estate
conveyed be limited to the grantee, his successors and assigns forever, or to the grantee, his legal representatives
and assigns forever, such limitation shall, in the absence of other words in the deed clearly indicating an
intention to limit the estate to the life of the grantee, be considered as presumptive evidence that the grantor
intended thereby to convey an estate in fee simple in such lands, notwithstanding the omission of the word
"heirs" from such deed.
46:3-14. Rule in Shelley's Case abolished
Whenever by conveyance, will or other instrument in writing, to take effect hereafter, an estate of freehold in
any property is limited to a person and the same instrument contains a limitation, either mediate or immediate,
to his heirs or the heirs or any of the heirs of his body or to his descendants or issue or any of them, in any
manner or by any description such that, by the application of the rule of the common law, known as the Rule in
Shelley's Case, the word "heirs" or other words used in creating the interest after such estate of freehold would
be held to be words of limitation and not of purchase and such estate of freehold would be held to be enlarged
by reason of the use thereof, then and in any such case the word "heirs" or other words so used shall hereafter
be held to be words of purchase and not to be words of limitation and such estate of freehold shall not be held to
be enlarged by the use thereof, to the end that the said rule of the common law, known as the Rule in Shelley's
Case, shall not be applicable to any interest in property created by any instrument to take effect hereafter.
46:3-15. Estates tail abolished
Whenever any conveyance, will or instrument in writing shall hereafter be made, whereby any grantee, devisee
or other person shall become seized in law or in equity of such estate in any real estate, as under the Statute of
the Thirteenth of Edward I (called the Statute of Entails), would have been held an estate in fee tail of any type
or character, such conveyance, will or instrument shall vest an estate in fee simple in such grantee, devisee or
other person.
46:3-16. Buildings and other things included in deeds to land
Every deed conveying land shall, unless an exception shall be made therein, be construed to include all and
singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges,
hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof.
46:3-17. Tenancies in common; joint tenancies
From and after February fourth, one thousand eight hundred and twelve, no estate shall be considered and
adjudged to be an estate in joint tenancy, except it be expressly set forth in the grant or devise creating such
estate that it was or is the intention of the parties to create an estate in joint tenancy and not an estate of tenancy
in common, any law, usage, or decision theretofore made, to the contrary notwithstanding.
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46:3-17.1. Joint tenancies; creation
Any conveyance of real estate, hereafter made, by the grantor therein, to himself and another or others, as joint
tenants shall, if otherwise valid, be as fully effective to vest an estate in joint tenancy in such real estate in the
grantees therein named, including the grantor, as if the same had been conveyed by the grantor therein to a third
party and by such third party to said grantees.
L.1950, c. 71, p. 129, s. 1, eff. April 25, 1950.
46:3-17.2. Tenancy by entirety
A tenancy by entirety shall be created when:
a. A husband and wife together take title to an interest in real property or personal property under a written
instrument designating both of their names as husband and wife; or
b. A husband and wife become the lessees of real property or personal property under a written instrument
containing an option to purchase designating both of their names as husband and wife; or
c. An owner spouse conveys or transfers an interest in real property or personal property to the non-owner
spouse and the owner spouse jointly under written instrument designating both of their names as husband and
wife.
Language which states "....... and ......., his wife" or "........ and ........, her husband" shall be deemed to create a
tenancy by the entirety.
L. 1987,c.357, s.5.
46:3-17.3. Property interest
No instrument creating a property interest on the part of a husband and wife shall be construed to create a
tenancy in common or a joint tenancy unless it is expressed therein or manifestly appears from the tenor of the
instrument that it was intended to create a tenancy in common or joint tenancy.
L. 1987, c. 357, s.6.
46:3-17.4. Written consent of both spouses
Neither spouse may sever, alienate, or otherwise affect their interest in the tenancy by entirety during the
marriage or upon separation without the written consent of both spouses.
L. 1987, c. 357, s.7.
46:3-17.5. Surviving spouse sole owner
Upon the death of either spouse, the surviving spouse shall be deemed to have owned the whole of all rights
under the original instrument of purchase, conveyance, or transfer from its inception.
L. 1987, c. 357, s.8.
46:3-18. Aliens; "alien friend" defined; right to acquire, hold and transfer real estate
Alien friends shall have the same rights, powers and privileges and be subject to the same burdens, duties,
liabilities and restrictions in respect of real estate situate in this State as native-born citizens. Any alien who
shall be domiciled and resident in the United States and licensed or permitted by the government of the United
States to remain in and engage in business transactions in the United States, and who shall not be arrested or
interned or his property taken by the United States, shall be considered an alien friend within the meaning of
this act.
Nothing contained in this section shall be construed to:
a. Entitle any alien to be elected into any office of trust or profit in this State, or to vote at any town meeting or
election of members of the Senate and General Assembly, or other officers, within this State, or for
Representatives in Congress or electors of the President and Vice-President of the United States; or
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b. Prevent the sequestration, seizure or disposal by either the State or National government of any real estate or
interest therein so long as the same is owned or held by any alien, made pursuant to duly enacted legislation,
during the continuance of war between the United States and the government of the country of which any such
alien is a citizen or subject; but any bona fide conveyance, mortgage or devise made by such alien shall be
valid, if made to a citizen of the United States or to an alien friend.
Amended by L.1943, c. 145, p. 395, s. 1, eff. April 8, 1943.
46:3-19. Estates, rights and interests in areas above surface of ground
Estates, rights and interests in areas above the surface of the ground, whether or not contiguous thereto, may be
validly created in persons or corporations other than the owner or owners of the land below such areas, and shall
be deemed to be estates, rights and interests in lands.
L.1938, c. 370, p. 940, s. 1.
46:3-20. Enjoyment, alienation, demise, etc., of areas above surface of ground
Estates, rights and interests in such areas shall pass by descent and distribution in the same manner as estates,
rights and interests in land and may be held, enjoyed, possessed, aliened, conveyed, exchanged, transferred,
assigned, demised, released, charged, mortgaged or otherwise encumbered, devised and bequeathed in the same
manner, upon the same conditions and for the same uses and purposes as estates, rights and interests in land, and
shall be in all other respects dealt with and treated as estates, rights and interests in land.
L.1938, c. 370, p. 940, s. 2.
46:3-21. Rights, burdens, restrictions, etc., pertaining to lands applicable
All of the rights, privileges, incidents, powers, remedies, burdens, duties, liabilities and restrictions pertaining to
estates, rights and interests in land shall appertain and be applicable to such estates, rights and interests in areas
above the surface of the ground.
L.1938, c. 370, p. 940, s. 3.
46:3-22. Application of existing laws to estates, etc., in areas above surface of ground
The provisions of this Title and of any other law of this State, shall be applicable to estates, rights and interests
created in areas above the surface of the ground and to instruments creating, disposing of or otherwise affecting
such estates, rights and interests, wherever such provisions would be applicable to estates, rights and interests in
land, or to instruments creating, disposing of or otherwise affecting estates, rights and interests in land.
L.1938, c. 370, p. 941, s. 4.
46:3-23.
Discrimination prohibited in promise, covenant, restriction
Any promise, covenant or restriction in a contract, mortgage, lease, deed or conveyance or in any other
agreement affecting real property, heretofore or hereafter made or entered into, which limits, restrains, prohibits
or otherwise provides against the sale, grant, gift, transfer, assignment, conveyance, ownership, lease, rental, use
or occupancy of real property to or by any person because of race, creed, color, national origin, ancestry, marital
status or sex is hereby declared to be void as against public policy, wholly unenforceable, and shall not constitute
a defense in any action, suit or proceeding. No such promise, covenant or restriction shall be listed as a valid
provision affecting such property in public notices concerning such property. The invalidity of any such
promise, covenant or restriction in any such instrument or agreement shall not affect the validity of any other
provision therein, but no reverter shall occur, no possessory estate shall result, nor any right of entry or right to a
penalty or forfeiture shall accrue by reason of the disregard of such promise, covenant or restriction. This section
shall not apply to conveyances or devises to religious associations or corporations for religious purposes, but,
such promise, covenant or restriction shall cease to be enforceable and shall otherwise become subject to the
provisions of this section when the real property affected shall cease to be used for such purpose.
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Nothing contained in this section shall be construed to bar any person from refusing to sell, rent, lease, assign, or
sublease any room, apartment or flat in a dwelling or residential facility which is planned exclusively for or
occupied exclusively for individuals of one sex to any individual of the opposite sex on the basis of sex. Nothing
in this section shall be construed to bar any place of public accommodation which is in its nature reasonably
restricted exclusively to individuals of one sex, which shall include but not be limited to any summer camp, day
camp, bathhouse, dressing room, and comfort station, from refusing, withholding from, or denying to any
individual of the opposite sex any of the accommodations, advantages, facilities, or privileges thereof on the
basis of sex.
L. 1965,c.67; amended 1987,c.357,s.1.
46:3-24. Short title
This act shall be known and may be cited as the "Solar Easements Act."
L.1978, c. 152, s. 1.
46:3-25. Solar easements; creation in writing; recording
Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall
be subject to the same conveyancing and instrument recording requirements as other easements.
L.1978, c. 152, s. 2.
46:3-26. Contents
Any instrument creating a solar easement shall include, but the contents shall not be limited to:
a. The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real
property subject to the solar easement.
b. Any terms or conditions or both under which the solar easement is granted or will be terminated.
c. Any provisions for compensation of the owner of the property benefiting from the solar easement in the event
of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to
the solar easement for maintaining the solar easement.
L.1978, c. 152, s. 3.
46:3-27. Conveyance or reservation of mineral rights; exclusion of water rights
Every deed or other instrument which conveys or reserves mineral rights in any land shall, unless otherwise
expressly provided therein, be construed to exclude any and all water rights or consideration thereof from any
conveyance or reservation of mineral rights.
L.1981, c. 542, s. 1, eff. Jan. 12, 1982.
46:3-28 Declarations, findings relative to private transfer fees.
The Legislature declares that the public policy of this State favors the marketability of real property and the
transferability of interests in real property free of title defects or unreasonable restraints on alienation. The
Legislature finds that private transfer fee obligations impair the marketability and transferability of real property
by constituting an unacceptable restraint on alienation regardless of the duration of the obligation to pay a private
transfer fee, the amount of a private transfer fee, or the method by which any private transfer fee is created or
imposed. The Legislature declares that a private transfer fee obligation shall not run with the title to property or
bind subsequent owners of property under common law or equitable principles.
L.2010, c.102, s.1.
46:3-29 Definitions relative to private transfer fees.
As used in P.L.2010, c.102 (C.46:3-28 et seq.):
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"Transfer" means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in
real property located in the State of New Jersey.
"Private transfer fee" means a fee or charge required by a private transfer fee obligation and payable upon the
transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of
whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the
purchase price, or other consideration given for the transfer. The following are not private transfer fees for
purposes of P.L.2010, c.102 (C.46:3-28 et seq.):
a. (1) Any consideration payable by the grantee to the grantor for the interest in real property being transferred,
including any subsequent additional consideration for the property payable by the grantee based upon any
subsequent appreciation, development, or sale of the property, provided such additional consideration is payable
on a one-time basis only and obligation to make such payment does not bind successors in title to the property.
For the purposes of this subsection, an interest in real property may include a separate mineral estate and its
appurtenant surface access rights.
(2) Any subsequent additional consideration payable to the grantor of an interest in unimproved real property by
the first successor-in-interest to the original grantee, provided that the additional consideration is payable on a
one-time basis only and follows the construction of an improvement on the property.
b.Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an
agreement between the broker and the grantor or the grantee, including any subsequent additional commission
for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or
sale of the property.
c.Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a
mortgage against real property, including, but not limited to, any fee payable to the lender for consenting to an
assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to
the lender for estoppel letters or certificates, and any shared appreciation interest or profit participation or other
consideration and payable to the lender in connection with the loan.
d.Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including,
but not limited to, any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or
transfer of the lease.
e.Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a
right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising
the option or right upon the transfer of the property to another person, or any consideration payable by the holder
of an option to the property owner necessary to keep the option in force.
f.Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority.
g.Any fee, charge, assessment, fine, or other amount payable to a homeowners', condominium, cooperative,
mobile home, private residential leasehold community, or property owners' association pursuant to a declaration
or covenant authorized in a master deed or bylaws including, but not limited to, fees or charges payable for
estoppel letters or certificates issued by the association or its authorized agent.
h.Any fee, charge, assessment, dues, contribution, or other amount imposed by a declaration or covenant
encumbering a community, and payable to a nonprofit or charitable organization, for the purpose of supporting
cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefiting
the community that is subject to the declaration or covenant.
i.Any fee, charge, assessment, dues, contribution, or other amount pertaining to the purchase or transfer of a club
membership relating to real property owned by the member, including, but not limited to, any amount
determined by reference to the value, purchase price, or other consideration given for the transfer of the real
property.
"Private transfer fee obligation" means a declaration or covenant recorded against the title to real property, or
any other contractual agreement or promise, whether or not recorded, that requires or purports to require the
payment of a private transfer fee to the declarant or other person specified in the declaration, obligation or
agreement, or to their successors or assigns, upon a subsequent transfer of an interest in the real property.
L.2010, c.102, s.2.
46:3-30 Private transfer fee obligation shall not run with title to real property; exceptions.
a. A private transfer fee obligation recorded or entered into in this State on or after the effective date of
P.L.2010, c.102 (C.46:3-28 et seq.) shall not run with the title to real property and is not binding on or
enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real
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property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered
into in this State on or after the effective date of P.L.2010, c.102 (C.46:3-28 et seq.) is void and unenforceable.
b. This section shall not apply to a private transfer fee obligation recorded or entered into in this State before the
effective date of P.L.2010, c.102 (C.46:3-28 et seq.). This subsection does not mean that a private transfer fee
obligation recorded or entered into in this State before the effective date of P.L.2010, c.102 (C.46:3-28 et seq.) is
presumed valid and enforceable.
L.2010, c.102, s.3.
46:3-31 Liability for damages.
Any person who records or enters into an agreement imposing a private transfer fee obligation in their favor after
the effective date of P.L.2010, c.102 (C.46:3-28 et seq.) shall be liable for both any and all damages resulting
from the imposition of the private transfer fee obligation on the transfer of an interest in the real property,
including, without limitation, the amount of any transfer fee paid by a party to the transfer, and all attorneys fees,
expenses and costs incurred by a party to the transfer or mortgagee of the real property to recover any private
transfer fee paid, or in connection with an action to quiet title. Where an agent acts on behalf of a principal to
record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent.
L.2010, c.102, s.4.
46:3-32 Disclosure of existence of private transfer fee obligation.
Prior to closing on any sale of real property, the seller shall furnish to any purchaser a written statement
disclosing the existence of any private transfer fee obligation. This written statement shall include a description
of the private transfer fee obligation and include a statement that private transfer fee obligations are subject to
prohibitions under P.L.2010, c.102 (C.46:3-28 et seq.).
L.2010, c.102, s.5.
46:3-33 Recording of notice of private transfer fee; requirements.
a. The payee designated in a private transfer fee obligation made prior to the effective date of P.L.2010, c.102
(C.46:3-28 et seq.), shall ensure that the notice of private transfer fee, described in subsection b., is recorded, no
later than six months following the effective date of P.L.2010, c.102 (C.46:3-28 et seq.), in the county recording
office against the real property subject to the private transfer fee obligation.
b.A private transfer fee obligation made prior to the effective date of P.L.2010, c.102 (C.46:3-28 et seq.) shall be
imposed and enforceable by recording of a notice of private transfer fee, which shall be a document, in
recordable form that meets all of the following requirements:
(1) The title of the document shall be "Notice of Private Transfer Fee Obligation" in at least 14-point boldface
type;
(2) The names of all current owners of the real property subject to the transfer fee, and the legal description and
assessor's parcel number for the affected real property;
(3) The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the transfer
fee, or another basis by which the transfer fee is to be calculated;
(4) If the real property is residential property, actual dollar-cost examples of the transfer fee for a home priced at
$250,000, $500,000, and $750,000;
(5) The date or circumstances under which the private transfer fee covenant expires, if any;
(6) The purpose for which the funds from the private transfer fee obligation will be used;
(7) The name of the payee or any assigns, and specific contact information regarding where the funds are to be
sent;
(8) The acknowledged signature of a representative of an entity to which a private transfer fee is to be paid; and
(9) The legal description of the real property burdened by the private transfer fee obligation.
c. The payee may file an amendment to the notice of transfer fee containing new contact information, but such
amendment must contain the recording information for the notice of transfer fee that the amendment modifies
and the legal description of the property burdened by the private transfer fee obligation.
d. If the payee fails to comply fully with subsection a. of this section, the grantor of any real property burdened
by the private transfer fee obligation may proceed with the conveyance of any interest in the real property to any
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grantee and in so doing shall be deemed to have acted in good faith and shall not be subject to any obligations
under the private transfer fee obligation. In such event, the real property thereafter shall be conveyed free and
clear of such transfer fee and private transfer fee obligation.
e. Should the payee fail to provide a written statement of the transfer fee payable within 30 days of the date of a
written request for the same sent to the address shown in the notice of private transfer fee, then the grantor, on
recording of the affidavit required under subsection f., may convey any interest in the real property to any
grantee without payment of the transfer fee and shall not be subject to any further obligations under the private
transfer fee obligation. In such event the real property shall be conveyed free and clear of the transfer fee and
private transfer fee obligation.
f. An affidavit stating the facts enumerated under subsection a. of this section shall be recorded in the office of
the county clerk or register of deeds, as the case may be, in the county in which the real property is situated prior
to or simultaneously with a conveyance pursuant to subsection d. of this section of real property unburdened by a
private transfer fee obligation. An affidavit filed under this subsection shall state that the affiant has actual
knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of
the real property burdened by the private transfer fee obligation, the name of the person appearing by the record
to be the owner of such real property at the time of the signing of such affidavit, a reference (by recording
information) to the instrument of record containing the private transfer fee obligation, and an acknowledgment
that the affiant is testifying under penalty of perjury.
g. When recorded, an affidavit as described in subsection f. of this section shall constitute prima facie evidence
that:
(1) A request for the written statement of the transfer fee payable in order to obtain a release of the fee imposed
by the private transfer fee obligation was sent to the address shown in the notification; and
(2) The entity listed on the notice of private transfer fee failed to provide the written statement of the transfer fee
payable within 30 days of the date of the notice sent to the address shown in the notification.
L.2010, c.102, s.6.
46:3A-1. Survey, after approval and record, bars proprietors and successors from demands
Any survey, made of lands within either the eastern or western division of the proprietors of the State of
New Jersey, and inspected and approved by the general proprietors, or council of proprietors of such division,
and, by their order or direction, entered upon the record in the office of the secretary of state or in the surveyor
general's office in such division, shall, from and after such record is made, preclude and forever bar such
proprietors and their successors from any demand thereon, any plea of deficiency of right or otherwise,
notwithstanding.
46:3A-2. Newly-made partial surveys made without notice to possessor to be of no avail
Because of the fact that many ancient surveys of land, fairly made, have not, by reason of the neglect of
officers or because of some casualty, been put on record, or, if recorded, the record has been destroyed by fire or
lost, by reason whereof, and because of the natural decay of marked lines and corners, the ancient metes and
bounds cannot, except by testimony and reputation, be clearly ascertained, and it has been found, on running the
lines of many of such surveys, that they include more land or extend farther than their strict length of chain, large
measures having been formerly allowed, even by the proprietors, as an encouragement to locations, thus making
it possible for persons other than the owners and possessors of the lands included in such surveys to take
advantage of such owners and possessors (who, supposing their titles to be indefeasible, have not resurveyed,
covered and secured the lands included in their surveys), by confining their holdings to the net length of chain,
thereby making vacancies of valuable improved parts, upon some of which buildings have been erected, and
such persons, on causing surveys to be made of such overplus, have procured or may procure such overplus
surveys to pass the council of proprietors, without legal preference or due notice to the owners and possessors of
the lands covered by the ancient surveys, no such newly-made partial survey, lying within the council of
proprietors, or which may be returned to the council, or made on any lands, improved or unimproved, within
what has been usually taken and deemed to be the ancient reputed boundary of such lands, shall be recorded or
be of any avail to any person so surveying, unless it shall be made to appear, by the testimony of at least two
good and sufficient witnesses, that the possessor, holding such lands by survey, deed or otherwise, has been duly
notified, at least six months previous to the making of such survey, of the intention to make the same, and has
refused or neglected to resurvey and cover such overplus lands.
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46:3A-3. Perfection of title to overplus land under ancient survey
If the council of proprietors shall refuse or neglect to give preference to any prior survey, legally made,
or to the possessor of any tract of land, enabling him to cover with rights, and secure the overplus lands which
may be found within his ancient bounds, on his making a resurvey of his lands within six months after the notice
given to him as required by section two of this act, such possessor, or any person legally authorized on his
behalf, may cause a resurvey to be made, agreeably to the ancient reputed lines and boundaries, either by a
deputy surveyor or by a person who understands the art of surveying, and appropriate so many rights thereon as
will be sufficient to include the overplus.
When the surveyor or person making the survey herein provided for shall have satisfied a judge of the
Superior Court in the county wherein the affected lands are situate that the survey so made by him is just,
according to the best of his knowledge, such survey may be produced to the clerk of the county or counties
wherein such lands are situate, who shall on the receipt thereof, record the same in the book directed to be kept
in the respective counties by the act entitled "An act for the limitation of suits at law respecting titles to land,"
passed at Burlington the fifth day of June, one thousand seven hundred and eighty-seven. Thereupon the survey,
so made and recorded, shall give to the owner and possessor of the lands covered thereby an absolute title in fee.
46:3A-5. Certificate acknowledging line, corners and boundaries; recording; evidence; notice
A certificate, executed by the owners of adjoining lands, certifying that any line, corners and boundaries are
allowed and acknowledged by them to be the true boundary between their lands, shall be as fully conclusive and
binding as to the parties thereto, their heirs, successors and assigns as though such boundary had been fixed by
them by deed or otherwise, and any such certificate, when duly acknowledged or proved, may be recorded in the
office of the county clerk or register of deeds and mortgages, as the case may be, of the county in which such
lands lie, and, when so recorded, the record thereof shall be receivable in evidence and shall be notice in the
same manner and to the same effect as though their respective deeds had been so acknowledged or proved and
recorded.
L.1951, First Sp.Sess., c. 352, p. 1466, s. 5.
46:3A-4. Construction of sections 46:3A-2, 46:3A-3
Nothing contained in either section two or section three of this act shall be construed or taken to
authorize any person to make any survey within the certain or reputed bounds of any survey or resurvey made
and entered on record pursuant to the provisions of the act mentioned in said section three, any large or overplus
measure therein contained, notice given as required by said section two, deficiency of rights or other plea to the
contrary notwithstanding.
46:3A-6. Construction as continuation of prior statutes
The provisions of this act shall be construed as a continuation of the prior similar statutory provisions.
46:3A-7. Effective date
This act shall take effect immediately but shall remain inoperative until the repeal of sections 2:25-4,
2:25-5, 2:25-6, 2:25-7 and 2:25-8 of the Revised Statutes.
46:4-1. Short form deed
A deed may be made in the following form or to the same effect:
"This deed made the
day of
, in the year
, between (here insert names and residences of
parties);
Witnesseth: That in consideration of (here state the consideration), the said
doth (or do) grant and
convey unto the said
all, et cetera (here describe the property and insert covenants or any other provisions);
10
In Witness Whereof the said party of the first part ha
first above written;
Signed, sealed and delivered
In the presence of
hereunto set hand and seal the day and year
.
."
46:4-2. "The said covenants" construed
When a deed uses the words "the said
covenants" , such covenant shall have the same effect as if
it was expressed to be by the covenantor, for himself, his heirs, personal representatives and assigns, and shall be
deemed to be with the covenantee, his heirs, personal representatives and assigns.
46:4-3. Covenant of seizing
A covenant by the grantor in a deed "that he is lawfully seized of the said land" , shall have the same
effect as if he had covenanted, promised and granted to and with the grantee, his heirs and assigns, that at the
time of the sealing and delivery of the deed, he, the said grantor, was seized in his own right of an absolute and
indefeasible estate of inheritance in fee simple, of and in all and singular the premises thereby granted, with the
appurtenances.
46:4-4. Covenant as to right to convey
A covenant by the grantor in a deed "that he has the right to convey the said land to the grantee" , shall
have the same effect as if the grantor had covenanted that he has good right, full power and absolute authority to
grant, bargain, sell and convey the said land, with all the buildings thereon, and the privileges and appurtenances
thereunto belonging unto the grantee, his heirs and assigns forever, in the manner in which the same is
conveyed, or intended so to be by the deed, and according to its true intent.
46:4-5. Covenants as to quiet possession and freedom from encumbrances
A covenant by the grantor in a deed "that the grantee shall have quiet possession of the said land" ,
shall have as much effect as if he had covenanted that the grantee, his heirs and assigns, might, at any and all
times thereafter, peaceably and quietly enter upon, and have, hold, use and occupy, possess and enjoy the land
conveyed by the deed, or intended so to be, with all the buildings thereon, and the privileges and appurtenances
thereto belonging, and receive and take the rents and profits thereof, to and for his and their use and benefit
without any let, suit, eviction, interruption, claim or demand whatever of the grantor, his heirs or assigns, or any
other person or persons whomsoever, lawfully claiming or to claim the same.
If, to such covenant, there be added "free from all encumbrances" , such words shall have as much
effect as if the words "and that the said premises are free and clear, and freely and clearly acquitted and
discharged of and from all former mortgages, judgments, executions, and of and from all other encumbrances
whatever" .
46:4-6. Covenant as to grantor's acts
A covenant by the grantor in a deed "that he has done no act to encumber the said lands" , shall have
the same effect as if he covenanted that he had not done or executed, or knowingly suffered to be done or
executed, any act, deed or thing whereby the lands and premises conveyed, or intended so to be or any part
thereof, are or will be changed, charged, altered, affected, defeated, or encumbered in title, estate or otherwise.
46:4-7. Covenant of general warranty
A covenant by the grantor in a deed "that he will warrant generally the property hereby conveyed" ,
shall have the same effect as if the grantor covenanted that he, his heirs and personal representatives, will forever
warrant and defend the said property unto the grantee, his heirs, personal representatives and assigns, against the
claims and demands of all persons whomsoever.
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46:4-8. Covenant of special warranty
A covenant by the grantor in a deed "that he will warrant specially the property hereby conveyed" ,
shall have the same effect as if the grantor had covenanted that he, his heirs and personal representatives, will
forever warrant and defend the said property unto the grantee, his heirs, personal representatives and assigns,
against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him.
46:4-9. "With general warranty", "with special warranty" construed
The words "with general warranty" in the granting part of any deed shall be deemed to be a covenant
by the grantor "that he will warrant generally the property hereby conveyed" . The words "with special
warranty" in the granting part of a deed shall be deemed to be a covenant by the grantor "that he will warrant
specially the property hereby conveyed" .
46:4-10. Covenant as to further assurances
A covenant by the grantor in a deed "that he will execute such further assurances of the said lands as
may be requisite" , shall have the same effect as if he had covenanted that he, his heirs or personal
representatives, will, at any time, upon any reasonable request at the charge of the grantee, his heirs or assigns,
do, execute, or cause to be done or executed, all such further acts, deeds and things for the better, more perfectly
and absolutely conveying and assuring the said lands and premises thereby conveyed or intended so to be, unto
the grantee, his heirs and assigns, in the manner aforesaid as by the grantee, his heirs or assigns, his or their
counsel in law, shall be reasonably devised, advised or required.
46:4-11. Deeds or covenants not conforming to statutory short forms
Any deed or part of a deed which shall fail to take effect by virtue of sections 46:4-1 to 46:4-10 of this
title, shall, nevertheless, be as valid and effectual and shall bind the parties thereto, so far as the rules of law and
equity will permit, as if the sections herein mentioned had not been enacted.
46:5-1 Certain words in quitclaim deeds construed
Whenever, in any deed heretofore or hereafter executed and recorded, there shall have been or may be used the
words "the grantor releases to the said grantee" , or the words "the grantor does remise, release and forever
quitclaim unto the said grantee" , or the words "the grantor does grant and release to the said grantee" , such
deed shall be hereafter construed, unless a contrary intention shall be set forth, as though it set forth that "the
grantor does grant and convey unto the said
".
46:5-2. "Grantor" , "grantee" , "release" construed
Whenever in any deed there shall be used the words "the grantor (or the said
) releases to the said grantee
(or the said
) all his claims upon the said lands" , such deed shall be construed as if it set forth that "the
grantor (or releasor) hath remised, released, and forever quitclaimed, and by these presents doth remise, release
and forever quitclaim unto the grantee (or releasee), his heirs and assigns, all right, title and interest whatsoever,
both at law and in equity, in or to the lands and premises granted (or released) or intended so to be, so that
neither he, nor his personal representatives, his heirs or assigns, shall at any time thereafter have, claim,
challenge or demand the said lands and premises, or any part thereof, in any manner whatever" .
46:5-3. Conveyance by quitclaim without reservation in favor of grantor; effect as conveyance by deed of
bargain and sale; grantee bona fide purchaser
Any conveyance or instrument executed and delivered after July fourth, one thousand nine hundred and thirtyone, which shall purport to remise, release or quitclaim to the grantee therein any claim to or estate or interest in
12
the lands described therein, there being nothing in such conveyance or instrument which indicates an intent on
the part of the grantor therein to reserve to himself any part of his claim to or estate or interest therein, shall be
effectual to pass all the estate which the grantor could lawfully convey by deed of bargain and sale, and the
grantee in such conveyance or instrument shall be presumed to be a bona fide purchaser to the same extent as
would be the grantee in a deed of bargain and sale.
46:5-4. Conveyance by quitclaim with reservation in favor of grantor; effect as conveyance by deed of
bargain and sale; grantee bona fide purchaser
Whenever any conveyance or instrument executed and delivered after July fourth, one thousand nine hundred
and thirty-one, shall purport to remise, release or quitclaim any claim to or estate or interest in the lands
described therein, except as to such claim to or estate or interest in such lands as shall be therein particularly
reserved to the grantor therein, such conveyance or instrument shall be effectual to pass all the estate which the
grantor could lawfully convey by deed of bargain and sale, except such part of the claim to or estate or interest
therein which is particularly reserved to the grantor therein, and the grantee in such conveyance or instrument
shall be presumed to be a bona fide purchaser to the same extent as would be the grantee in a deed of bargain
and sale.
46:5-5. Conveyance by quitclaim prior to July 4, 1931; effect after record as conveyance by deed of
bargain and sale; exceptions
Whenever any conveyance or instrument executed and delivered prior to July fourth, one thousand nine hundred
and thirty-one, shall have purported to remise, release or quitclaim to the grantee therein any claim to or estate or
interest in the lands described therein, such conveyance or instrument shall, if the same shall have been, or shall
after said date be, acknowledged or proved and recorded with the same formality and in the same manner as was
or is required at the date of the execution and delivery thereof or at the date of the record thereof for the
making, executing, acknowledging or proving of deeds of bargain and sale, be effectual to pass all the estate
which the grantor could lawfully convey by deed of bargain and sale, except such claim to or estate or interest
in the affected lands as shall have been particularly reserved to the grantor therein.
If, however, the grantor or anyone claiming title through him in any such conveyance or instrument, shall not,
prior to or within one year after July fourth, one thousand nine hundred and thirty-one, have instituted some
appropriate action against his grantee, or some one claiming title through such grantee, to have the effect of such
conveyance or instrument construed and held to operate in some other manner than in this section provided, and
shall not, prior to or within one year after July fourth, one thousand nine hundred and thirty-one, file a notice of
the pendency of such action as provided by sections 2:26-27 to 2:26-39 of the title Administration of Civil and
Criminal Justice, such grantor, or anyone claiming title through him, shall forever, after one year from July
fourth, one thousand nine hundred and thirty-one, be barred from any claim, estate or interest which shall pass
under and by virtue of the force and effect given to such conveyance or instrument by the provisions of this
section; but, if such grantor, or anyone claiming title through him, shall have complied with the provisions of
this section as to the institution of action and the filing lis pendens, any such conveyance or instrument as was
or is involved in any such action shall be construed and held to operate in accordance with the final judgment or
decree of the court in which such action shall have been instituted, or in accordance with the judgment or
decree of any appellate court to which such judgment or decree shall have been or eventually may be carried.
46:5-6. Conveyance by quitclaim and record thereof as evidence; validity as to subsequent judgment
creditors, purchasers and mortgagees
Every conveyance or instrument which shall purport to remise, release or quitclaim to the grantee therein any
claim to or estate or interest in the real estate described therein, made and executed prior to or after July fourth,
one thousand nine hundred and thirty-one, and which has been acknowledged or proved by the grantor therein
with the same formality and in the same manner as is required by the laws of this state for the making, executing
and acknowledging or proving of deeds of bargain and sale, shall be received in evidence in any court of this
state, as shall the record thereof, if such conveyance or instrument shall have been first recorded in the office of
the county recording officer of the county wherein the described real estate is situate; and every such
conveyance or instrument shall, until duly recorded or lodged for record in the office of the county recording
13
officer of the county in which the affected real estate is situate, be void and of no effect against subsequent
judgment creditors without notice, and against all subsequent bona fide purchasers and mortgagees for valuable
consideration, not having notice thereof, whose deed or mortgage shall have been first duly recorded; but every
such conveyance or instrument shall be valid and operative, although not recorded, except as against such
judgment creditors, purchasers and mortgagees.
46:5-7. Liberal construction as to grantee and strict construction against grantor
Sections 46:5-3 to 46:5-6 of this title shall be construed as remedial, and shall be construed liberally in favor of
the grantee and strictly against the grantor in any deed or instrument mentioned therein.
46:5-8. Intention in enactment of sections 46:5-3 to 46:5-6
Nothing in sections 46:5-3 to 46:5-6 of this title contained shall be deemed to show an intent on the part of the
legislature to determine that it was not, prior to July fourth, one thousand nine hundred and thirty-one, the law
that a conveyance or instrument purporting to remise, release or quitclaim to the grantee therein was effectual
to pass all the estate which the grantor could lawfully convey by deed of bargain and sale.
46:5-9. Registered mortgages not affected
Nothing in sections 46:5-3 to 46:5-6 of this title contained shall be construed to affect or impair the effect of any
mortgage registered as provided by chapter 17 of this title (s. 46:17-1 et seq.).
46:6-1. Transfers, leases, assurances and conveyances pursuant to letters of agency, powers of attorney or
other powers or authorities
All deeds, grants, sales, leases, assurances, or other conveyances whatsoever, heretofore made by virtue
of letters of agency, powers of attorney, or other powers or authorities whatsoever, and entered on the public
books of records of the province of New Jersey or the public books of records of the eastern or western divisions
thereof, prior to July fourth, one thousand seven hundred and seventy-six, whereby any real estate whatsoever
within this state or province were granted, sold, conveyed, assured, released, or transferred to any person
pursuant to such powers and authorities whatsoever, shall be, and are hereby declared as good, valid and
sufficient title in law, to all intents, constructions and purposes whatsoever, unto the grantees therein, and to
their heirs and assigns, as if the constituent or constituents had then and there sold and conveyed such real
estate, and had executed deeds according to the true intent and meaning of such grants, deeds or conveyances,
and such grants, deeds or conveyances shall be of force against, conclude and bind all and every the constituents,
employers, grantors of such powers and authorities, and their and all and every of their heirs, and all and every
other person or persons claiming or to claim estate from or under them, or any of them, severally and
respectively and when any real estate heretofore has been or hereafter shall be sold, conveyed or disposed of by
virtue of any such powers or authorities as aforesaid, such powers or authorities having been first acknowledged
or proved and certified and entered upon the public records in the books appropriate therefor in the proper record
offices of this state, the grants and conveyances, deeds and instruments made pursuant to the powers thereby
granted shall be as good, valid and sufficient titles against all and every the constituents, employers and grantors
of such powers and authorities, against all claiming or to claim estate under them severally and respectively as
aforesaid, as if the constituent or constituents had then and there sold and conveyed the same real estate.
46:6-2. Informalities or irregularities in conveyances executed by agent under power
Whenever an attorney, authorized to execute and deliver conveyances of real estate has failed, prior to
March twenty-third, one thousand eight hundred and eighty-three, to convey the title of his principal thereto as
he was authorized to convey the same, by reason of any informality or irregularity in the recitals or subject
matter contained in the deed or conveyance, or by reason of any informality or irregularity in the execution
thereof, although it was the intention of such attorney to convey a good title to the same, such informality or
irregularity shall not affect the title intended to be so conveyed, but such deed or conveyance shall convey the
14
title of the principal in and to such real estate as effectually as though such informality or irregularity did not
exist, and as though the principal had himself executed such deed or conveyance.
46:6-3. Conveyances under powers of attorney not recorded
Whenever any deed to or conveyance of real estate in this state shall purport to have been executed by
virtue of any letter of attorney, and such deed or conveyance shall have been properly acknowledged and
recorded, the recital of the letter of attorney in such deed or conveyance shall be prima facie proof of the
existence thereof, notwithstanding the same may not be recorded, but only when such deed or conveyance shall
have been recorded at least ten years, and the person claiming thereunder shall take and subscribe an oath that he
has seen such letter of attorney so recited, which oath shall be recorded in the office of the county recording
officer of the county wherein such real estate is situate, in the book therein provided for the recording of powers
of attorney.
46:6-6. Letters of attorney considered unrevoked until revoked by recorded instrument or death of
principal
All letters of attorney for any sale, conveyance, assurance, lease, acquittance or release hereafter duly
executed and recorded in accordance with the provisions of section 46:16-1 of the Revised Statutes shall be
considered as unrevoked and as remaining in full force and effect in accordance with the terms thereof unless
and until the letters of attorney are revoked by the principal by an instrument duly executed and recorded in
accordance with the provisions of section 46:16-2 of the Revised Statutes, except that nothing herein contained
shall continue in effect any letters of attorney revoked by the death of the principal.
L.1950, c. 306, p. 1041, s. 1, eff. July 6, 1950.
46:7-1. Deed of confirmation
Whenever a corporation or association, created under any law of this State, shall have made, during its
corporate existence, a deed or conveyance of real estate in this State, or of an interest therein, and thereafter shall
have ceased to exist by reason of dissolution, death of its members or otherwise, and it shall be discovered that
an error exists in such deed or conveyance, any surviving president, vice-president, director or trustee of such
defunct corporation or association may, by deed of confirmation, containing a proper recital, correct the error in
the original deed or conveyance. If no one of the surviving officers hereinbefore named be living, the oldest
adult child, or, if there be none living, the oldest adult grandchild of any such president, vice-president, last
surviving director or trustee may make such deed of confirmation. Prior to the making of any such deed of
confirmation, the person claiming to be entitled to the benefit of this section shall institute an action in the
Superior Court, against any person within or without the State hereby authorized to make the deed of
confirmation. The court may proceed therein in a summary manner or otherwise and, after considering the nature
of the error or defect in the original deed or conveyance, and the relief sought, may, if convinced of the merit of
the action, direct the proper person to execute and acknowledge the confirmatory deed.
If the person so directed to execute the confirmatory deed shall fail to comply with the judgment of the
court within twenty days after the service of a certified copy thereof, the court making the judgment may, upon
proof thereof, appoint a commissioner to execute the confirmatory deed.
The costs of the action shall be chargeable to the plaintiff.
A confirmatory deed executed and acknowledged or proved in accordance with the terms of this section
shall be as valid and effective as if duly made, executed and acknowledged or proved under the corporate seal of
such corporation or association during the period of its corporate existence.
46:7-2. Deed of conveyance
Where any conveyance of real estate has been, prior to April 6, 1915, made, executed and recorded, in
which conveyance it shall appear that the persons therein named as grantees have taken the title to such real
estate in behalf of or in the interest of any unincorporated religious association, society, meeting, congregation or
15
organization, upon condition that the real estate so granted and conveyed shall be held in trust for any specific
uses and purposes, and such association, society, meeting, congregation or organization shall have thereafter
become incorporated as a religious society under the laws of this State, any surviving person or persons named in
such conveyance as a grantee may, by deed of conveyance, containing a proper recital, convey the real estate
mentioned in the original conveyance to the religious association, society, meeting, congregation or organization,
in behalf of which or in whose interest title to the same was taken, in its present corporate name. If there shall be
no such surviving grantee, the oldest adult child, or adult grandchild if such child be deceased, of such last
surviving grantee may make the deed of conveyance herein provided for.
Any deed of conveyance, made by any surviving grantee or grantees, or oldest adult child or adult
grandchild of the last surviving grantee, shall be as valid and effectual in law as if made and executed by the
grantees named in such original conveyance, and the title to such real estate shall thereby vest in the incorporated
religious association, society, meeting, congregation or organization, as effectually as if the same had been
incorporated at the time of the original conveyance and had taken title to such real estate directly in its corporate
name.
46:7-3. Statements curing defects in designation of corporate grantees
When a conveyance of real estate or an interest therein is made to a religious society or corporation or
an association not for pecuniary profit, incorporated under any general or special law of this state, and such
conveyance fails to state correctly the corporate name or designation of the grantee society, corporation or
association, but the intention of the grantor is manifested by the use, in such conveyance, of the principal words
of the corporate name or designation of such society, corporation or association, and such society, corporation or
association has entered into possession and occupation of the conveyed real estate, it may file in the office of the
county recording officer of the county in which such real estate is situate a statement setting forth the date of
such conveyance, the date of its recording and the number and page of the book of record thereof, the name of
the grantor, a description of the property conveyed, the erroneous title or designation of such society, corporation
or association as expressed in the conveyance, together with the correct title or designation thereof. Such
statement shall be verified by any duly authorized officer of such society, corporation or association, before an
officer authorized to take acknowledgments or proofs of deeds.
Such statement, when filed, shall be recorded by the county recording officer in a book to be by him
kept for that purpose, and, when so filed and recorded, shall vest in such society, corporation or association as
good and perfect a title to the real estate or interest so conveyed as though the same had been conveyed by a
proper corporate name or designation; and such statement, so filed and recorded, or duly certified copies thereof,
shall be received as evidence in any of the courts of this state.
For recording statements pursuant to this section the county recording officer shall receive the same
fees as are allowed by law for recording deeds.
46:7-4. Perfecting title to real estate conveyed to church prior to completion of organization thereof
If the trustees of any intended church organization, which has not been perfected according to law, shall
have taken title to real estate in their own names, or in their own names as trustees of such intended organization,
and such intended organization has afterwards perfected its organization according to law, by the same or any
other name, such trustees, or the survivors or survivor of them, may and shall convey, by good and sufficient
deed or deeds in the law, all their right, title and interest in such real estate to the trustees of such perfected
organization, whether the same shall have been perfected prior to March twenty-fifth, one thousand eight
hundred and eighty-one, or thereafter by the same name or by any other name than the one originally intended;
and, when such real estate shall have been so conveyed, such perfected organization shall have the same as fully
and completely as though such organization had been originally perfected according to law.
46:7-5. Conveyances to religious societies prior to incorporation valid after incorporation
Where any conveyance of real estate has been made, executed and recorded in favor of any religious
society, association or corporation of this state, as the grantee therein, and such religious society, corporation or
association has failed to record and file the proper certificate of incorporation in the manner prescribed by Title
16
16, Corporations and Associations, Religious, or by any law in force at the time when any such society,
corporation or association was incorporated or attempted to be incorporated, until after the making and execution
of such conveyance and the recording thereof, any and all such conveyances shall be as valid and effectual in
law as if made, executed and delivered to such religious society, association or corporation after the filing and
recording of the proper certificate of incorporation and as if made to such religious society, association or
corporation during the period of its corporate existence; and the record of any such conveyance so made to any
such religious society, association or corporation prior to the recording and filing of its certificate of
incorporation as aforesaid shall be of the same force and effect as if the conveyance had been made, executed
and recorded subsequent to the recording and filing of such certificate of incorporation, and shall be admissible
in evidence as fully and completely for all purposes as if such conveyances had been made and recorded during
the corporate existence of such society, association or corporation.
46:7-6. Conveyances to clubs prior to incorporation valid after incorporation
Where any club, society, association or other body has failed, although required by law so to do, to
execute, record and file a lawful and proper certificate of incorporation in the manner provided by Title 15,
Corporations and Associations Not for Profit, or by any law in force at the time when any such club, society or
body was incorporated or attempted to be incorporated until after the making, execution and recording of any
conveyance of real estate to or in favor thereof, as grantee therein, every such conveyance shall be as valid and
effectual in law as if made, executed and recorded thereto after the making, recording and filing of a lawful and
proper certificate of incorporation, and as if made to such club, society, association or other body during the
period of its lawful corporate existence; and the record of any such conveyance so made to any such club,
society, association or other body prior to the making, recording and filing of its certificate of incorporation as
aforesaid shall be of the same force and effect as if such conveyance had been made, executed and recorded
subsequently to the making, recording and filing of such certificate of incorporation, and shall be admissible as
evidence as fully and completely for all purposes as if such conveyances had been made and recorded during the
proper and lawful corporate existence of such club, society, association or other body.
This section shall not apply to clubs, societies, associations or other bodies in this state incorporated
prior to April twenty-first, one thousand eight hundred and ninety-eight; nor shall it apply to any club, society,
association or other body unless the same shall first make, execute and record and file a certificate of
incorporation in the manner provided by Title 15, Corporations and Associations Not for Profit, under the
corporate title, named and set forth in any such conveyance made prior to its incorporation.
46:7-7. Conveyances to lodges prior to incorporation valid after incorporation
Where any conveyance of real estate has, prior to January 2, 1964, been made, executed and recorded to
or in favor of any lodge, subordinate lodge, society, or other body or association not incorporated at the time of
such conveyance, whose members shall have entered into the possession and enjoyment of such real estate, such
conveyance shall, if such lodge, subordinate lodge, society or other body or association shall thereafter make,
execute and record and file a certificate of incorporation in the manner provided by Title 15, Corporations and
Associations Not for Profit, under the title named and set forth in such conveyance of real estate be as valid and
effectual as if such lodge, subordinate lodge, society or other body or association had been a duly incorporated
body at the time of the execution and recording of any such conveyance.
46:7-8. Grants, conveyances or devises to or in trust for associations not for profit prior to incorporation
thereof
Whenever real estate has been, prior to March thirtieth, one thousand nine hundred and thirty-one,
granted, conveyed or devised to associations not for pecuniary profit or to any person or persons as officers,
trustees or otherwise on behalf of or in the interest of any such association, upon condition that such real estate
so granted, conveyed or devised shall be held in trust for specific uses and purposes, or the rents, issues and
profits thereof be appropriated to specific uses and purposes, and such associations, or the persons acting in
behalf thereof, were not, at the time of making such grant, conveyance or devise, an incorporated body, but shall
have subsequently become an incorporated body in the manner provided by "An act to incorporate associations
not for profit" approved April twenty-first, one thousand eight hundred and ninety-eight, and the acts
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amendatory thereof and supplementary thereto, the title to the real estate so granted, conveyed or devised as
aforesaid, shall vest in the incorporated association as effectually as if it had been incorporated at the time of
such grant, conveyance or devise, and such grant, conveyance or devise had been made directly to the
incorporated association, and the incorporated association shall have the same right to convey such real estate as
the unincorporated association, or the person or persons to whom such grant, conveyance or devise was made as
officers or otherwise on behalf of or in the interest of such unincorporated association, and any deed made by
such incorporated association, its trustees or officers, shall be valid and effectual in law.
46:7-9. Incorporation, powers, etc., of land improvement companies
Rev.1877, pp. 567 to 569, s.s. 1 to 16 (C.S. pp. 3053 to 3056, s.s. 1 to 16), being an act entitled "An act
to encourage the improvement of real property in this state" (Revision), approved March twenty-seventh, one
thousand eight hundred and seventy-four, together with the supplements thereto, approved April ninth, one
thousand eight hundred and seventy-five (Rev.1877, p. 569, s. 17; C.S. p. 3056, s. 17), April thirteenth, one
thousand eight hundred and seventy-six (Rev.1877, p. 1350, s. 1; C.S. p. 3055, s. 12a), February tenth, one
thousand eight hundred and eighty (L.1880, c. 14, p. 25; C.S. p. 3056, s. 18); and Rev.1877, pp. 1350, 1351, s.s.
2, 3 (C.S. p. 3056, s.s. 19, 20), being an act entitled "An act to encourage land improvement companies
organized under special laws of this state," approved March ninth, one thousand eight hundred and seventyseven; and L.1880, c. 126, p. 167 (C.S. p. 3057, s. 21), entitled "An act to enable the corporators of land
companies that have not organized under their charters to change the titles of said companies," approved March
tenth, one thousand eight hundred and eighty, saved from repeal. [Provides for incorporation, powers, officers,
stock, investments and certain changes of land improvement companies and also certain powers granted to
specially organized land improvement companies.]
46:10-1. Support of party or other walls adjacent to excavations eight feet in depth
Whenever excavations, for buildings or other purposes, on any lot or piece of land, shall be intended to
be carried to a depth of more than eight feet below the curb or grade of the street, and there shall be any party or
other wall, wholly or partly on adjoining land, and standing upon or near the boundary lines of such lot or piece
of land, the person causing such excavations to be made, if afforded the necessary license to enter on the
adjoining land, but not otherwise, shall, at all times, from the commencement until the completion of such
excavations, preserve, at his own expense, such party or other wall from injury, and so support the same by a
proper foundation that it shall remain as stable as before such excavations were commenced.
46:11-1. Right of entry to make surveys in certain proceedings
In any proceeding to lay out, alter, vacate or open a public road or street, or to determine which of the
proprietors or possessors of the lands adjacent to any highway have narrowed or encroached on the same, and in
any proceeding under the act entitled "An act to enable the owners of swamp or meadow ground to drain the
same, and to repeal a law heretofore made for that purpose," approved November twenty-fourth, one thousand
seven hundred and ninety-two, and the several supplements thereto, and in any other proceeding touching a
public improvement, any practical surveyor, with the necessary assistants, employed by any person interested in
any of such proceedings, may enter on the lands adjacent to such highways or streets, or the lands to be drained
under the provisions of said act, or other lands, for the purpose of making necessary surveys, doing as little
damage as possible to the owner or owners of such lands.
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