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New Jersey Deed Forms – Quit Claim, Warranty, and Special Warranty

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New Jersey deeds are used to convey real estate or land and buildings in New Jersey from one person to another. In New Jersey you need to include the grantor (seller) name, the grantee (buyer) name and address, the consideration paid for the property, current tax lot information, and an acknowledgment by a notary public. The deed, once properly completed and executed, are filed with the Local County Clerk’s Office in the county where the property is located along with the requisite taxes and filing fees. An affidavit of title usually accompanies deeds in New Jersey where the seller makes statements to the buyer regarding title.

Laws – Section 46:7-2

Signing (Section 46:4-1) – This form must be signed in the presence of a Notary Public with the Grantor(s) only.

Recording – Required to be filed at the County Clerk’s Office in the area where the property is located. A fee will be administered at the time of recording and it would be best to contact the County Clerk before making the filing.

Deed Types

General Warranty – Allows a property transfer from a seller to a new owner whilst promising that the ownership and all rights to the land are guaranteed. This is the most secure way to conduct the process of ownership.

Quit Claim – A no guarantee but release of interest from a Grantor to Grantee. To best describe the State, for example, requires the simple statement of “the grantor releases to the said grantee” to be in the form for it to qualify.

Special Warranty – Provides limited conditions as to the guarantee of the title on behalf of the Grantor. Still better than the Quit Claim but does not give the security of the General Warranty.

New Jersey Property Search

A property, or title search, is necessary for the buyer of real estate in order to determine what interest the grantor has in the property and whether there are any outstanding interests that need to be resolved before title to the property passes to the buyer. Each county has different methods of searching. You will need to Check With Your County in order to determine whether or not they have online searching capability, or whether you have to go in person to obtain records. Below is an example of an online search in Gloucester County:

Step 1 – In any search, no matter whether you are doing it in person or online, you will need the name of the grantor.

Step 2 – First, go to the Land Records Website on your county clerk’s web page:

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Step 2 – Scroll down and click on “Gloucester County Records Online“.

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Step 3 – At the top where it says last name, write in the name of your grantor:

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Step 4 – Click “search” and you will be brought to a page of “hits”. If you have too many hits, you can narrow done your search by just searching your grantor as “grantee” and adding a first name:

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Step 5 – Click on the deed that transferred the property initially to the grantor (your grantor would be the grantee in that case). You will be able to see deed information in the right and there is a tab for “images” which will allow you to see the deed.

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Step 6 – Once you have the deed information, you will see the name of the person who granted the property to your grantor. You will then want to search that grantor’s name to find the deed previous to the deed transferring the property to your grantor.

Step 7 – You will want to continue going backwards in this manner until  you have gone back at most, 50 years (maybe less depending on your needs).

Step 8 – Once you have gone back 50 years, you will want to search forward to see what interests each grantor granted in the property in the past, whether it be easements, or mortgages or rights of way. You will want to make sure that all mortgages have been discharged and that easements and restrictions have been accounted for.


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