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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 46 PROPERTY
Chapter : 46:11-1.
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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.
46:14-2.1. Acknowledgment and proof
46:14-2.1. Acknowledgment and proof. a. To acknowledge a deed or other instrument the maker of the instrument shall appear before an officer specified in R.S.46:14-6.1 and acknowledge that it was executed as the maker@s own act. To acknowledge a deed or other instrument made on behalf of a corporation or other entity, the maker shall appear before an officer specified in R.S.46:14-6.1 and state that the maker was authorized to execute the instrument on behalf of the entity and that the maker executed the instrument as the act of the entity.
b. To prove a deed or other instrument, a subscribing witness shall appear before an officer specified in R.S.46:14-6.1 and swear that he or she witnessed the maker of the instrument execute the instrument as the maker@s own act. To prove a deed or other instrument executed on behalf of a corporation or other entity, a subscribing witness shall appear before an officer specified in R.S.46:14-6.1 and swear that the representative was authorized to execute the instrument on behalf of the entity, and that he or she witnessed the representative execute the instrument as the act of the entity.
c. The officer taking an acknowledgment or proof shall sign a certificate stating that acknowledgment or proof. The certificate shall also state:
(1) that the maker or the witness personally appeared before the officer;
(2) that the officer was satisfied that the person who made the acknowledgment or proof was the maker of or the witness to the instrument;
(3) the jurisdiction in which the acknowledgment or proof was taken;
(4) the officer@s name and title;
(5) the date on which the acknowledgment was taken.
d. The seal of the officer taking the acknowledgment or proof need not be affixed to the certificate stating that acknowledgment or proof.
L.1991,c.308,s.1.
46:14-4.1. Proof of instruments not acknowledged or proved
46:14-4.1. Proof of instruments not acknowledged or proved. If a deed or other instrument cannot be acknowledged or proved for any reason, the instrument may be proved in Superior Court by proof of handwriting or otherwise to the satisfaction of the court. Notice of the application in accordance with the Rules of Court shall be given to any party whose interests may be affected.
L.1991,c.308,s.1.
46:14-4.2. Signatures
46:14-4.2. Signatures. For purposes of this title, a signature includes any mark made on a document by a person who thereby intends to give legal effect to the document. A signature also includes any mark made on a document on behalf of a person, with that person@s authority and to effectuate that person@s intent.
L.1991,c.308,s.1.
46:14-6.1. Officers authorized to take acknowledgments
46:14-6.1. Officers authorized to take acknowledgments. a. The officers of this State authorized to take acknowledgments or proofs in this State, or in any other United States or foreign jurisdiction, are:
(1) an attorney-at-law;
(2) a notary public;
(3) a county clerk or deputy county clerk;
(4) a register of deeds and mortgages or a deputy register;
(5) a surrogate or deputy surrogate.
b. The officers authorized to take acknowledgments or proofs, in addition to those listed in subsection a., are:
(1) any officer of the United States, of a state, territory or district of the United States, or of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer@s authority to take acknowledgments or proofs;
(2) a foreign commissioner of deeds for New Jersey within the jurisdiction of the commission;
(3) a foreign service or consular officer or other representative of the United States to any foreign nation, within the territory of that nation.
L.1991,c.308,s.1.
46:15-1.1. Prerequisites to recordation
46:15-1.1. Prerequisites to recordation. a. Any instrument affecting title to or interest in real estate or containing any agreement in relation to real estate in this State shall be recorded on presentation to the recording officer of any county in which all or part of the real estate is located, if it appears that:
(1) the instrument is in English or accompanied by a translation into English;
(2) the instrument bears a signature;
(3) the instrument is acknowledged or proved in the manner provided by this title;
(4) the names appear typed, printed or stamped beneath the signatures of any parties to the instrument and the officer before whom it was acknowledged or proved;
(5) any required recordation fee is paid; and
(6) if the instrument is a deed conveying real property, (a) it fulfills the requirements of P.L.1968, c.49, s.2 (C.46:15-6), (b) it includes the name and signature of its preparer on its first page and (c) it includes a reference to the lot and block number of the property conveyed as designated on the tax map of the municipality at the time of the conveyance or the account number of the property. If the property has been subdivided, the reference shall be preceded by the words ~part of.~ If no lot and block or account number has been assigned to the property, the deed shall state that fact.
b. An instrument, to be entitled to recordation, whether made by an individual or by a corporation or other entity, is not required to be executed under seal, or to contain words referring to execution under seal.
L.1991,c.308,s.2.
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