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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 46 PROPERTY
Chapter : 46:16-1.
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46:16-1. Noninclusive enumeration of instruments entitled to record
All deeds or instruments of the nature or description hereinafter in this section enumerated, of or affecting the title to real estate in this State, may be acknowledged or proved and then recorded in the office of the county recording officer of the county wherein the real estate is situate:
a. Conveyances, releases, declarations of trust; letters of attorney for any sale, conveyance, assurance, acquittance or release; leases for life or any term not less than two years, or any assignment thereof absolute, or by way of mortgage or security; agreements for the sale of real estate; written consents of any person to the execution by an executor, administrator with the will annexed or trustee of a power to sell, convey, acquit or release; writings which declare or direct any use or trust of real estate, or which, though made for some other purpose, are yet, by the terms of any recordable deed or will which refers to such writing, made to operate as such declaration or direction;
b. Mortgages, defeasible deeds or other conveyances in the nature of a mortgage;
c. Releases or deeds, in which the intention to operate as releases from the lien and effect of any mortgage or judgment is plainly manifested; deeds, releases or postponements in which the intention to operate as a postponement or waiver of priority of the lien of a judgment or judgments, mechanic@s lien or liens or recorded mortgage or mortgages to the lien and operation of a mortgage or mortgages recorded, or to be recorded, subsequent thereto, is plainly manifested;
d. Assignments of mortgages;
e. Discharges or satisfaction pieces of mortgages;
f. All other instruments that may have been or may be directed by any statute to be acknowledged or proved and recorded.
Deeds and instruments, not of or affecting the title to real estate, but of or affecting goods, chattels and personal property in this State, hereinafter enumerated, may, when acknowledged or proved, be recorded in the office of the county recording officer of the county in which the goods, chattels and personal property lie, unless otherwise directed by this Title or any other law:
a. Chattel mortgages, which shall be recorded as prescribed by sections 46:28-4 to 46:28-12 of this Title;
b. Assignments, releases and discharges of chattel mortgages;
c. Deeds of personal property to literary, benevolent, religious or charitable institutions upon particular trusts therein specified or otherwise;
d. Letters or powers of attorney authorizing the execution and delivery of statements of satisfaction of conditional sale contracts and revocations of such letters or powers of attorney;
e. Aircraft liens authorized by N.J.S. 2A:44-2 and in the form prescribed by subsection b. thereof.
Amended by L.1945, c. 275, p. 812, s. 1, eff. April 30, 1945; L.1983, c. 77, s. 2, eff. Feb. 24, 1983.
46:16-1.1. Decrees of former chancery court and final judgments affecting real estate; recording as deeds; indexing
Certified copies of final decrees of the former Court of Chancery, final judgments of courts of record of this State and of the United States and certified copies of declarations of taking and of reports of condemnation commissioners which have been filed with the Clerk of the Superior Court or with the Clerk of the United States District Court relating to or in any way affecting title to real estate may be recorded as deeds of conveyance in the office of the county recording officer of the county wherein the real estate is situate, and shall be indexed in the names of the parties to the cause as set forth in the decree, judgment, declaration of taking or report of commissioners which when recorded shall from that time be notice to all subsequent judgment creditors, purchasers and mortgagees of the existence and contents thereof.
L.1939, c. 170, p. 521, s. 1. Amended by L.1949, c. 148, p. 531, s. 2; L.1964, c. 117, s. 2.
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