Title 46, Title 46: PROPERTY

46:15-15 Findings, declarations regarding discriminatory restrictive covenants in deeds. 1. The Legislature finds and declares: a. Restrictive covenants in deeds for real property that establish certain restrictions on the ownership or use of real property are prohibited by secti…

46:15-16 Actions regarding certain deeds with restrictive covenant references. 2. A deed recorded on or after January 1, 2022 shall not contain a reference to the specific portion of a restrictive covenant purporting to restrict the ownership or use of real property as prohibited…

46:15-17 "Certificate of Release of Certain Prohibited Covenants". 3. A restrictive covenant prohibited by section 4 of P.L.1945, c.169 (C.10:5-4) or subsection g. of section 11 of P.L.1945, c.169 (C.10:5-12) may be released by the owner of the real property subject to the restri…

46:15-18 Definitions; amendment of governing documents. 4. a. As used in this section: "Association" shall mean a homeowners' or property owners' association, cooperative corporation, condominium association, or planned community acting through a majority vote of its full board m…

46:15-5 Definitions. 1. As used in this act: (a) "Deed" means a written instrument entitled to be recorded in the office of a county recording officer which purports to convey or transfer title to a freehold interest in any lands, tenements or other realty in this State by way of…

46:15-6 Requirements for recording of deed evidencing transfer of title. 2. In addition to other prerequisites for recording, no deed evidencing transfer of title to real property shall be recorded in the office of any county recording officer unless it satisfies the following re…

46:15-6.1 Sale of real property by sheriff; procedure; rules and regulations. 1. Whenever an application is made to the sheriff of any county for the sale of any real property, whether under execution or pursuant to any other writ, judgment or order, the sheriff shall not proceed…

46:15-6.2 Certification required for recording deed. 3. No deed shall be recorded with a county recording office for a property to which an age restriction applies unless the certification required pursuant to P.L.2008, c.71 (C.45:22A-46.1 et al.) accompanies such filing and is r…

46:15-7 Realty transfer fees. 3. a. In addition to the recording fees imposed by section 2 of P.L.1965, c.123 (C.22A:4-4.1), a grantor shall pay to the county recording officer at the time the deed is offered for recording the following fees: (1) A basic fee, which basic fee shal…

46:15-7.1 Supplemental fee for conveyance, transfer of property. 2. a. For each conveyance or transfer of property, the grantor shall pay a supplemental fee of: (1) (a) $0.25 for each $500.00 of consideration or fractional part thereof not in excess of $150,000.00 recited in the …

46:15-7.2 Additional fee on certain transfers of real property over $1,000,000. 8. a. In addition to all other fees imposed under P.L.1968, c.49 (C.46:15-5 et seq.), there is imposed a fee upon the grantor of a deed for the transfer of real property: (1) that is classified pursua…

46:15-7.4 Refunding of fee on certain property transfers. 2. Notwithstanding the provisions of section 8 of P.L.2004, c.66 (C.46:15-7.2), for the transfer of real property that was made for consideration in excess of $1,000,000, provided that the deed was recorded on or before No…

46:15-8 County, State sharing of fee proceeds. 4. a. The proceeds of the fees collected by the county recording officer, as authorized by P.L.1968, c.49 (C.46:15-5 et seq.), shall be accounted for and remitted to the county treasurer. b. (1) The county portion of the basic fee co…

46:15-9 Falsifying consideration, failure to disclose new construction on deed and affidavits; penalty. 5. a. Any person who knowingly falsifies the consideration recited in a deed or in the proof or acknowledgment of the execution of a deed or in an affidavit annexed to a deed d…