Title 46, Title 46: PROPERTY

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…

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 o…

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…

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, heredi…

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 w…

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 t…

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 beco…

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…

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 nat…

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 su…

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 a…

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, ex…

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 est…

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 creat…

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, p…

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, …

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 …

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 consideratio…

46:3-28 Declarations, findings relative to private transfer fees. 1. 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 a…

46:3-29 Definitions relative to private transfer fees. 2. As used in P.L.2010, c.102 (C.46:3-28 et seq.): "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…

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 man…

46:3-30 Private transfer fee obligation shall not run with title to real property; exceptions. 3. 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…

46:3-31 Liability for damages. 4. 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 impositio…

46:3-32 Disclosure of existence of private transfer fee obligation. 5. 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 includ…

46:3-33 Recording of notice of private transfer fee; requirements. 6. 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 subsectio…

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…

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, …

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 seventy-six, of any estate of inheritance, by letters patent, under the great seal of this state, or in any other manner …

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…

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 n…

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…