New Jersey Deeds
Updated: Apr 25, 2019
Understanding Deeds. Deeds are used to convey property. Deeds are normally accompanied by an affidavit of title. New Jersey requires the inclusion of the grantor (Seller) name, the grantee (Buyer) name & address, the consideration paid for the property, tax lot, and an acknowledgment by a notary public. The deed must be properly completed and executed, and must be filed with the County Clerk's Office in the county where the property is located. Filing requires the payment of taxes and a filing fee. Section 46:7-2; 46:4-1.
Types of Deeds. There are several types of deeds recognized in New Jersey. The different types of deeds represent the nature of the ownership being conveyed by the grantor (Seller).
General Warranty Deed. A general warranty deed provides the cleanest type of title available. This deed expressly guarantees the grantor’s good and marketable title to the property and the grantor’s unfettered right to convey the property. The grantor guarantees not only that clear title was received from the previous owner of the property, but also guarantees that no other parties, past or present, retain an interest in the property. Section 46: 4-7.
Special Warranty Deed. In a special warranty deed, the seller/grantor warrants title to the property against claims and demands arising by, through, or under the grantor. Section 46:4-8.
Quitclaim deed. A quitclaim deed transfers title to real property without any warranties of title from the grantor to the grantee. This type of deed is often used for transfers between family members.
Bargain and Sale Deed With Covenants Against Grantor's Acts This deed contains a covenant that the grantor has done no act to encumber the property nor allowed anyone to obtain legal rights which affect the property. If no other deed is specified in the contract of sale, this is the deed that the Buyer should receive. Section 46:4-6.