New Jersey Statutes - Title 46 Property

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New Jersey Statutes 46:1-1 Words and phrases defined
As used in this title, except where the context clearly indicates a contrary intent, the terms "county recording officer" and "office of the county recording...
New Jersey Statutes 46:2-1 Titles, rights and interests preserved
Nothing in this title contained shall in any way affect, abridge or abrogate any title to or rights or interests in any real estate or...
New Jersey Statutes 46:2-2 Frauds or forgeries not validated
Nothing in this title contained shall be construed to make good, valid or effectual any fraud or forgery, made or used in or about any...
New Jersey Statutes 46:2-3 Registry of mortgages not affected
Nothing in this title contained providing for or requiring the recording of any deed or instrument in full shall be construed to affect or impair...
New Jersey Statutes 46:2A-1 Power of appointment; release or contract not to exercise authorized
A person to whom any legal or equitable power of appointment, whether coupled with an interest or not, is given, may, by deed, release, or...
New Jersey Statutes 46:2A-2 Release as to whole or part of property; manner of release
Said person may release such power: (a) with respect either to the whole, or to any part, of the property subject thereto; (b) in such...
New Jersey Statutes 46:2A-3 Contract not to exercise power
Said person may covenant or contract not to exercise such power: (a) with respect to a part only of the property subject thereto; (b) in...
New Jersey Statutes 46:2A-4 Application of act to what powers and instruments
This act shall apply to powers of appointment created by instruments coming into operation either before or after this act takes effect; provided, that it...
New Jersey Statutes 46:2A-5 Deed, covenant or contract where power is created; acknowledgment; filing
Such deed, covenant or contract, where the power has been or shall be created by: (a) a last will and testament, shall be acknowledged in...
New Jersey Statutes 46:2B-8.1 Short title.
1. This act shall be known and may be cited as the "Revised Durable Power of Attorney Act." L.2000,c.109,s.1.
New Jersey Statutes 46:2B-8.2 Powers of attorney; durable powers of attorney; disability defined.
2. Powers of Attorney; Durable Powers of Attorney; Disability Defined. a. A power of attorney is a written instrument by which...
New Jersey Statutes 46:2B-8.3 Durable power of attorney not affected by lapse of time; disability or incapacity.
3. Durable Power of Attorney Not Affected By Lapse of Time; Disability or Incapacity. All acts done by an attorney-in-fact pursuant to...
New Jersey Statutes 46:2B-8.4 Relation of attorney-in-fact to court-appointed fiduciary.
4. Relation of Attorney-in-Fact to Court-Appointed Fiduciary. a. If, following execution of a durable power of attorney, a court of the...
New Jersey Statutes 46:2B-8.5 Power of attorney not revoked until notice.
5. Power of Attorney Not Revoked Until Notice. a. The death of a principal who has executed a written power of...
New Jersey Statutes 46:2B-8.6 Good faith reliance.
6. Good Faith Reliance. a. Any third party may rely upon the authority granted in a durable power of attorney until...
New Jersey Statutes 46:2B-8.7 Multiple attorneys-in-fact.
7. Multiple Attorneys-In-Fact. a. Unless the power of attorney expressly provides otherwise, all authority granted to multiple attorneys-in-fact may be exercised...
New Jersey Statutes 46:2B-8.8 Delegation by attorney-in-fact.
8. Delegation by Attorney-in-Fact. If the power of attorney shall specifically provide, the attorney-in-fact, in the exercise of reasonable care, skill and...
New Jersey Statutes 46:2B-8.9 Formality.
9. Formality. A power of attorney must be in writing, duly signed and acknowledged in the manner set forth in R.S.46:14-2.1. ...
New Jersey Statutes 46:2B-8.10 Revocation.
10. Revocation. A power of attorney is revoked when the principal has caused all executed originals of the power of attorney to...
New Jersey Statutes 46:2B-8.11 Certified copies and photocopies.
11. Certified Copies and Photocopies. Any third party to whom the power of attorney is presented may retain and rely upon a...
New Jersey Statutes 46:2B-8.12 Compensation of the attorney-in-fact.
12. Compensation of the Attorney-in-Fact. A principal shall have the power to direct whether an attorney-in-fact is to be compensated in a...
New Jersey Statutes 46:2B-8.13 Fiduciary status and duty to account.
13. Fiduciary Status and Duty to Account. a. An attorney-in-fact has a fiduciary duty to the principal, and to the guardian...
New Jersey Statutes 46:2B-8.13a Power of attorney; gift of principal's property; prohibited
1. A power of attorney shall not be construed to authorize the attorney-in-fact to gratuitously transfer property of the principal to the attorney-in-fact or...
New Jersey Statutes 46:2B-8.14 Application of act.
14. The provisions of this act shall hereafter apply to any power of attorney made pursuant to the provisions of P.L.1991, c.95 (C.46:2B-10 et...
New Jersey Statutes 46:2B-10 Definitions
1. As used in this act: "Account" means an agreement between a banking institution and its customer pursuant to which the banking institution accepts funds...
New Jersey Statutes 46:2B-11 Authority of agent
If any power of attorney contains language which confers authority on the agent to "conduct banking transactions as set forth in section 2 of P.L.1991,...
New Jersey Statutes 46:2B-12 Powers of agent
An agent may exercise all powers described in this act exercisable by the principal upon and after the presentation of the power of attorney to...
New Jersey Statutes 46:2B-13 Banking institutions to accept power of attorney
4. With respect to banking transactions, banking institutions shall accept and rely on a power of attorney which conforms to this act and shall permit...
New Jersey Statutes 46:2B-14 Banking institutions not liable for action in reliance on power of attorney
No banking institution acting in reliance on a power of attorney as set forth in this act, nor any person acting on behalf of such...
New Jersey Statutes 46:2B-15 Limitations on power of agent
Nothing in this act shall be deemed to give an agent any greater authority or rights than the principal could exercise on his own behalf.
New Jersey Statutes 46:2B-16 Banking transaction by agent binds principal
Any banking transaction made by an agent or banking institution under the authority of a power of attorney described in this act, unless otherwise invalid...
New Jersey Statutes 46:2B-17 Power of attorney not made pursuant to this act valid
This act is not intended to be the exclusive method of providing for powers of attorney for bank transactions and nothing herein shall be deemed...
New Jersey Statutes 46:2B-18 Banking institution may retain copy of power of attorney
The banking institution may retain a photocopy of the original signed power of attorney presented to it pursuant to subsection f. of section 4 of...
New Jersey Statutes 46:2B-19 Agent acting pursuant to power of attorney shall be a fiduciary
An agent presenting or acting pursuant to or relying on a power of attorney described in section 2 of this act shall be a fiduciary...
New Jersey Statutes 46:2C-6 Trust created for exclusive benefit of employees as part of pension, disability, death or profit-sharing plan
A trust consisting in whole or in part of real property, or personal property, or both heretofore or hereafter created by an employer as part...
New Jersey Statutes 46:2C-7 Definitions
"Employer" and "employee" as used herein include a self-employed person or persons, and "trust" includes trusts whose assets are commingled by the trustee with the...
New Jersey Statutes 46:2E-14 Disclaimer of interests previously governed by P.L.1979, c.492 (C.46:2E-1 to 46:2E-13).
93. A disclaimer of an interest by any person who is a grantee, donee, surviving joint tenant, surviving tenant by the entirety, surviving party...
New Jersey Statutes 46:2F-9 Rule against perpetuities abrogated
13. No interest created in real or personal property shall be void by reason of any rule against perpetuities, whether the common law rule...
New Jersey Statutes 46:2F-10 Permissible period of power of alienation under trust, future interest
14. a. (1) A future interest or trust is void if it suspends the power of alienation for longer than the permissible period. The power...
New Jersey Statutes 46:2F-11 Applicability of C.46:2F-9 through C.46:2F-11 to property interests, powers of appointment
15. a. Except as provided in subsection b. of this section, sections 13 through 15 of this amendatory and supplementary act apply to: ...
New Jersey Statutes 46:3-1 Feudal tenures abolished
The feudal tenure estates, and the incidents thereof, taken away, discharged and abolished from and after March twelfth, one thousand six hundred and sixty-four, by...
New Jersey Statutes 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,...
New Jersey Statutes 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,...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 46:3-10 Fines and common recoveries abolished
From and after June twelfth, one thousand seven hundred and ninety-nine, no fine or common recovery that has been or shall be entered, made, had...
New Jersey Statutes 46:3-11 Collateral warranties by ancestor abolished
A collateral warranty of real estate by an ancestor, who, at the time of making it, has no estate of inheritance in possession therein, shall...
New Jersey Statutes 46:3-12 Warranties by life tenant void as to reversioners or remaindermen
A warranty made by a tenant for life of real estate shall be inoperative and void against all persons to whom such real estate shall...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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,...
New Jersey Statutes 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,...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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.
New Jersey Statutes 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...
New Jersey Statutes 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,...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 46:3A-1 Survey, after approval and record, bars proprietors and successors from demands
Any survey, made of lands within either the eastern or western division of the proprietors of the State of New Jersey, and inspected and approved...
New Jersey Statutes 46:3A-2 Newly-made partial surveys made without notice to possessor to be of no avail
Because of the fact that many ancient surveys of land, fairly made, have not, by reason of the neglect of officers or because of some...
New Jersey Statutes 46:3A-3 Perfection of title to overplus land under ancient survey
3. If the council of proprietors shall refuse or neglect to give preference to any prior survey, legally made, or to the possessor of any...
New Jersey Statutes 46:3A-4 Construction of sections 46:3A-2, 46:3A-3
Nothing contained in either section two or section three of this act shall be construed or taken to authorize any person to make any survey...
New Jersey Statutes 46:3A-5 Certificate acknowledging line, corners and boundaries; recording; evidence; notice
A certificate, executed by the owners of adjoining lands, certifying that any line, corners and boundaries are allowed and acknowledged by them to be the...
New Jersey Statutes 46:3A-6 Construction as continuation of prior statutes
The provisions of this act shall be construed as a continuation of the prior similar statutory provisions. L.1951, First Sp.Sess., c. 352, p. 1466, s.
New Jersey Statutes 46:3A-7 Effective date
This act shall take effect immediately but shall remain inoperative until the repeal of sections 2:25-4, 2:25-5, 2:25-6, 2:25-7 and 2:25-8 of the Revised Statutes....
New Jersey Statutes 46:3B-1 Short title
This act shall be known and may be cited as "The New Home Warranty and Builders' Registration Act." L.1977, c. 467, s. 1.
New Jersey Statutes 46:3B-2 Definitions relative to new home warranties
2. As used in this act: a. "Department" means the Department of Community Affairs. b. "Commissioner" means the...
New Jersey Statutes 46:3B-3 New home warranty; prescribing by rule or regulation; procedures for processing claims; time periods
a. The commissioner is hereby authorized and directed to prescribe by rule or regulation a new home warranty and procedures for the implementation and processing...
New Jersey Statutes 46:3B-4 Liability of builder
A builder of a new home shall be liable to any owner thereof during the time period when the new home warranty, prescribed by the...
New Jersey Statutes 46:3B-5 Certificate of registration; application; fee; issuance; duration; conditions
No builder shall engage in the business of constructing new homes unless he is registered with the department. The department shall provide application forms for...
New Jersey Statutes 46:3B-6 Investigation of allegations; hearings; powers; denial, suspension or revocation of certificate; hearing; grounds
a. The commissioner, upon the complaint of an aggrieved person, may conduct investigations into the allegations made against any builder required to be registered under...
New Jersey Statutes 46:3B-7 New home warranty security fund
7. a. There is hereby established a new home warranty security fund to be maintained by the State Treasurer in a trust account, separate and...
New Jersey Statutes 46:3B-7.1 Findings, declarations relative to new home warranties
1. The Legislature finds and declares that: a. New Jersey provides unique protection through "The New Home Warranty and Builders' Registration...
New Jersey Statutes 46:3B-7.2 "New Home Warranty Security Fund Board of Trustees"
2. a. There is hereby established in, but not of, the Department of Community Affairs the "New Home Warranty Security Fund Board of Trustees." The...
New Jersey Statutes 46:3B-7.3 Functions, duties of board
3. a. The Board of Trustees shall monitor and annually report to the Legislature on the financial performance of the new home warranty security fund,...
New Jersey Statutes 46:3B-8 Review and approval of alternate new home warranty security programs; fees; hearings; revocation of approval
The commissioner is authorized and directed to review and approve alternate new home warranty security programs which provide for payment of claims against builders for...
New Jersey Statutes 46:3B-8.1 Filing of statement by warranty guarantor
1. Whenever a builder participating in an alternative new home warranty program approved by the commissioner pursuant to section 8 of P.L.1977, c.467 (C.46:3B-8) issues...
New Jersey Statutes 46:3B-8.2 Filing, indexing of information
2. The commissioner shall cause the information reported to him pursuant to section 1 of this act to be filed and indexed, in coordination with...
New Jersey Statutes 46:3B-8.3 Files open to public inspection
3. The files maintained pursuant to section 2 of this act shall be open to inspection by the public at any time during regular business...
New Jersey Statutes 46:3B-9 Availability of any legal remedy to owner; election of remedy
Nothing contained herein shall affect other rights and remedies available to the owner. The owner shall have the opportunity to pursue any remedy legally available...
New Jersey Statutes 46:3B-10 Rules and regulations
The commissioner shall promulgate such rules and regulations as may be necessary to carry out the provisions of this act. L.1977, c. 467, s. 10.
New Jersey Statutes 46:3B-11 Supersedure of municipal ordinance or regulation
This act shall supersede any municipal ordinance or regulation which provides for the licensing or registration of builders or for the protection by bonds or...
New Jersey Statutes 46:3B-12 Failure to register; penalty; enforcement and collection
Any builder who fails to register as required hereunder shall be subject to a penalty not to exceed $2,000.00 for each offense to be enforced...
New Jersey Statutes 46:3B-13 Findings, determinations, declarations
1. The Legislature finds, determines and declares: a. Within the past decade, the building codes of this and other states have permitted, and builders have...
New Jersey Statutes 46:3B-14 Moneys and claims for advance funding for remediation of structural damages
2. a. The commissioner is hereby authorized to advance moneys out of the fund for the remediation of structural damages due to defective FRT plywood...
New Jersey Statutes 46:3B-15 Procedure followed by commissioner when claim filed
3. a. Whenever a claim which appears or purports to be eligible for advance funding pursuant to this act is filed with the commissioner, the...
New Jersey Statutes 46:3B-16 Commissioner to estimate funding required for approved claims
4. a. Upon the effective date of this section, and annually thereafter, the commissioner shall estimate, upon the basis of claims approved pursuant to this...
New Jersey Statutes 46:3B-17 Legal action to pursue claims
5. a. The commissioner, on behalf of the State and for the benefit of the fund, shall take such legal action as may be necessary...
New Jersey Statutes 46:3B-18 Submission of claims
6. a. Any person that prior to the effective date of this act had instituted a civil action to recover damages arising out of the...
New Jersey Statutes 46:3B-19 No payment for defect in new home warranted under alternative program
10. Except as otherwise provided in this act, no payment shall be made from the new home warranty security fund established pursuant to section 7...
New Jersey Statutes 46:3B-20 Claimant deemed to have elected remedy
11. a. For purposes of a claim filed by a claimant for damages arising out of the failure of fire retardant treated plywood pursuant to...
New Jersey Statutes 46:3C-1 Short title
1. This act shall be known, and may be cited, as the "New Residential Construction Off-Site Conditions Disclosure Act." L.1995,c.253,s.1.
New Jersey Statutes 46:3C-2 Findings, declarations relative to purchase of residential real estate
2. The Legislature finds and declares that the purchase of a residence involves a substantial portion of the average household's net worth, and...
New Jersey Statutes 46:3C-3 Definitions
3. As used in this act: "Newly constructed" means any dwelling unit not previously occupied, excluding dwelling units constructed solely for...
New Jersey Statutes 46:3C-4 Off-site conditions, municipal lists
4. The municipal clerk of each municipality shall receive and make available, in the form and manner specified by the Commissioner of Community...
New Jersey Statutes 46:3C-5 Providing municipal clerk with lists of off-site conditions
5. a. Every person who owns, leases, or maintains any off-site condition, as defined in paragraph (3), (4), (5), (6), or (8) of section 3...
New Jersey Statutes 46:3C-6 Lists from the Commissioner of Environmental Protection
6. a. The Commissioner of Environmental Protection shall provide the municipal clerk of each municipality with lists, in the form and manner specified by the...
New Jersey Statutes 46:3C-7 Fees for copies of lists.
7. A municipality that receives and makes available the lists required under P.L.1995, c.253 (C.46:3C-1 et seq.) may charge purchasers in accordance with the...
New Jersey Statutes 46:3C-8 Seller's notice regarding off-site conditions
8. At the time of entering into a contract for the sale of newly constructed residential real estate, the seller shall provide the...
New Jersey Statutes 46:3C-9 Cancellation of contract
9. The purchaser may cancel the contract by sending a written notice of cancellation to the seller within five business days from the...
New Jersey Statutes 46:3C-10 Seller's disclosure duties
10. a. By providing the purchaser with the notice of the availability of the lists, as required by section 8 of P.L.1995, c.253 (C.46:3C-8), the...
New Jersey Statutes 46:3C-11 Seller not required to contribute to list
11. No seller, unless otherwise required by section 5, as a condition of completeness or approval pursuant to the "Municipal Land Use Law,"...
New Jersey Statutes 46:3C-12 Nonliability for civil damages
12. The Department of Environmental Protection or a municipality making available to purchasers lists which disclose the existence and location of off-site conditions...
New Jersey Statutes 46:4-1 Short form deed
A deed may be made in the following form or to the same effect: "This deed made the day of , in the year ,...
New Jersey Statutes 46:4-2 "The said covenants" construed
When a deed uses the words "the said covenants" , such covenant shall have the same effect as if it was expressed to be by...
New Jersey Statutes 46:4-3 Covenant of seizin
A covenant by the grantor in a deed "that he is lawfully seized of the said land" , shall have the same effect as if...
New Jersey Statutes 46:4-4 Covenant as to right to convey
A covenant by the grantor in a deed "that he has the right to convey the said land to the grantee" , shall have the...
New Jersey Statutes 46:4-5 Covenants as to quiet possession and freedom from encumbrances
A covenant by the grantor in a deed "that the grantee shall have quiet possession of the said land" , shall have as much effect...
New Jersey Statutes 46:4-6 Covenant as to grantor's acts
A covenant by the grantor in a deed "that he has done no act to encumber the said lands" , shall have the same effect...
New Jersey Statutes 46:4-7 Covenant of general warranty
A covenant by the grantor in a deed "that he will warrant generally the property hereby conveyed" , shall have the same effect as if...
New Jersey Statutes 46:4-8 Covenant of special warranty
A covenant by the grantor in a deed "that he will warrant specially the property hereby conveyed" , shall have the same effect as if...
New Jersey Statutes 46:4-9 "With general warranty" , "with special warranty" construed
The words "with general warranty" in the granting part of any deed shall be deemed to be a covenant by the grantor "that he will...
New Jersey Statutes 46:4-10 Covenant as to further assurances
A covenant by the grantor in a deed "that he will execute such further assurances of the said lands as may be requisite" , shall...
New Jersey Statutes 46:4-11 Deeds or covenants not conforming to statutory short forms
Any deed or part of a deed which shall fail to take effect by virtue of sections 46:4-1 to 46:4-10 of this title, shall, nevertheless,...
New Jersey Statutes 46:5-1 Certain words in quitclaim deeds construed
Whenever, in any deed heretofore or hereafter executed and recorded, there shall have been or may be used the words "the grantor releases to the...
New Jersey Statutes 46:5-2 "Grantor" , "grantee" , "release" construed
Whenever in any deed there shall be used the words "the grantor (or the said ) releases to the said grantee (or the said )...
New Jersey Statutes 46:5-3 Conveyance by quitclaim without reservation in favor of grantor; effect as conveyance by deed of bargain and sale; grantee bona fide purchaser
Any conveyance or instrument executed and delivered after July fourth, one thousand nine hundred and thirty-one, which shall purport to remise, release or quitclaim to...
New Jersey Statutes 46:5-4 Conveyance by quitclaim with reservation in favor of grantor; effect as conveyance by deed of bargain and sale; grantee bona fide purchaser
Whenever any conveyance or instrument executed and delivered after July fourth, one thousand nine hundred and thirty-one, shall purport to remise, release or quitclaim any...
New Jersey Statutes 46:5-5 Conveyance by quitclaim prior to July 4, 1931; effect after record as conveyance by deed of bargain and sale; exceptions
Whenever any conveyance or instrument executed and delivered prior to July fourth, one thousand nine hundred and thirty-one, shall have purported to remise, release or...
New Jersey Statutes 46:5-6 Conveyance by quitclaim and record thereof as evidence; validity as to subsequent judgment creditors, purchasers and mortgagees
Every conveyance or instrument which shall purport to remise, release or quitclaim to the grantee therein any claim to or estate or interest in the...
New Jersey Statutes 46:5-7 Liberal construction as to grantee and strict construction against grantor
Sections 46:5-3 to 46:5-6 of this title shall be construed as remedial, and shall be construed liberally in favor of the grantee and strictly against...
New Jersey Statutes 46:5-8 Intention in enactment of sections 46:5-3 to 46:5-6
Nothing in sections 46:5-3 to 46:5-6 of this title contained shall be deemed to show an intent on the part of the legislature to determine...
New Jersey Statutes 46:5-9 Registered mortgages not affected
Nothing in sections 46:5-3 to 46:5-6 of this title contained shall be construed to affect or impair the effect of any mortgage registered as provided...
New Jersey Statutes 46:6-1 Transfers, leases, assurances and conveyances pursuant to letters of agency, powers of attorney or other powers or authorities
All deeds, grants, sales, leases, assurances, or other conveyances whatsoever, heretofore made by virtue of letters of agency, powers of attorney, or other powers or...
New Jersey Statutes 46:6-2 Informalities or irregularities in conveyances executed by agent under power
Whenever an attorney, authorized to execute and deliver conveyances of real estate has failed, prior to March twenty-third, one thousand eight hundred and eighty-three, to...
New Jersey Statutes 46:6-3 Conveyances under powers of attorney not recorded
Whenever any deed to or conveyance of real estate in this state shall purport to have been executed by virtue of any letter of attorney,...
New Jersey Statutes 46:6-6 Letters of attorney considered unrevoked until revoked by recorded instrument or death of principal
All letters of attorney for any sale, conveyance, assurance, lease, acquittance or release hereafter duly executed and recorded in accordance with the provisions of section...
New Jersey Statutes 46:7-1 Deed of confirmation
46:7-1. Whenever a corporation or association, created under any law of this State, shall have made, during its corporate existence, a deed or conveyance of...
New Jersey Statutes 46:7-2 Deed of conveyance
46:7-2. Where any conveyance of real estate has been, prior to April 6, 1915, made, executed and recorded, in which conveyance it shall appear that...
New Jersey Statutes 46:7-3 Statements curing defects in designation of corporate grantees
When a conveyance of real estate or an interest therein is made to a religious society or corporation or an association not for pecuniary profit,...
New Jersey Statutes 46:7-4 Perfecting title to real estate conveyed to church prior to completion of organization thereof
If the trustees of any intended church organization, which has not been perfected according to law, shall have taken title to real estate in their...
New Jersey Statutes 46:7-5 Conveyances to religious societies prior to incorporation valid after incorporation
Where any conveyance of real estate has been made, executed and recorded in favor of any religious society, association or corporation of this state, as...
New Jersey Statutes 46:7-6 Conveyances to clubs prior to incorporation valid after incorporation
Where any club, society, association or other body has failed, although required by law so to do, to execute, record and file a lawful and...
New Jersey Statutes 46:7-7 Conveyances to lodges prior to incorporation valid after incorporation
Where any conveyance of real estate has, prior to January 2, 1964, been made, executed and recorded to or in favor of any lodge, subordinate...
New Jersey Statutes 46:7-8 Grants, conveyances or devises to or in trust for associations not for profit prior to incorporation thereof
Whenever real estate has been, prior to March thirtieth, one thousand nine hundred and thirty-one, granted, conveyed or devised to associations not for pecuniary profit...
New Jersey Statutes 46:7-9 Incorporation, powers, etc., of land improvement companies
Rev.1877, pp. 567 to 569, s.s. 1 to 16 (C.S. pp. 3053 to 3056, s.s. 1 to 16), being an act entitled "An act to...
New Jersey Statutes 46:8-1 Attornments by tenant to strangers to title; effect
Every attornment by a tenant of real estate to a stranger to the title to the leased real estate shall be absolutely null and void,...
New Jersey Statutes 46:8-2 Grantees or assignees of leased real estate or reversions thereof; rights same as those of original lessors
From and after November tenth, one thousand seven hundred and ninety-seven, all persons and bodies politic and corporate, being grantees or assignees of any real...
New Jersey Statutes 46:8-3 Lessees of real estate; rights against grantees of reversion
From and after November tenth, one thousand seven hundred and ninety-seven, all lessees of real estate for a term of years, life or lives, their...
New Jersey Statutes 46:8-4 Original lease surrendered and new lease made; rights and duties under new lease
Whenever a lease shall be duly surrendered in order to secure a renewal thereof, a new lease made and executed by the chief landlord, shall,...
New Jersey Statutes 46:8-5 Judicial sale of leased interests
The estate of any lessee of real estate, or of any estate or interest therein, for life or for a term not less than two...
New Jersey Statutes 46:8-6 Injuries by fire to buildings on leased premises; repair by landlord
Whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the landlord shall repair the...
New Jersey Statutes 46:8-7 Buildings on leased premises totally destroyed by fire or otherwise; lease terminated
Whenever any building or buildings erected on leased premises shall be totally destroyed by fire or otherwise, without the fault of the lessee, the rent...
New Jersey Statutes 46:8-8 Forfeiture of lease of premises used for prostitution or assignation
If the lessee of any dwelling house or other premises situate in this state shall use the same for purposes of prostitution or assignation, the...
New Jersey Statutes 46:8-9 Three months' notice to tenant to quit sufficient
In all cases where a tenant is or may be entitled by law to notice to quit the leased premises, in order to determine his...
New Jersey Statutes 46:8-9.1 Termination on death
Any lease for a term of one or more years of a property that has been leased and used by the lessee solely for the...
New Jersey Statutes 46:8-9.2 Termination of certain residential leases due to disability.
5. A lease for a term of one or more years of a property that has been leased and used by the lessee solely...
New Jersey Statutes 46:8-9.3 Rules, regulations
The Director of the Division of Housing in the Department of Community Affairs shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C....
New Jersey Statutes 46:8-9.4 Short title.
1. Sections 1 through 8 and 10 of P.L.2008, c.111 (C.46:8-9.4 et seq.) shall be known and may be cited as the "New Jersey...
New Jersey Statutes 46:8-9.5 Findings, declarations relative to termination of lease agreements by domestic violence victims.
2. The Legislature finds and declares: a. Domestic violence is a serious crime that materially affects the health and safety of...
New Jersey Statutes 46:8-9.6 Requirements for termination of lease.
3. The tenant may terminate any lease of a residential property that has been leased and used by the tenant solely for the purpose...
New Jersey Statutes 46:8-9.7 Effective date of lease termination, conditions affecting co-tenants.
4. a. Lease terminations pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6) shall take effect on the thirtieth day following receipt by the landlord of...
New Jersey Statutes 46:8-9.8 Notice relative to public housing leases.
5. Where the leased premises are under the control of a public housing authority or redevelopment agency, the victim of domestic violence shall give...
New Jersey Statutes 46:8-9.9 Waiving of rights, remedies prohibited.
6. The parties to a lease agreement creating a tenancy in residential rental property may not agree to waive any rights or remedies arising...
New Jersey Statutes 46:8-9.10 Existing lease agreements unaffected.
7. Nothing in P.L.2008, c.111 (C.46:8-9.4 et al.) shall operate to alter, limit or impair the terms of lease agreements existing at the...
New Jersey Statutes 46:8-9.11 Disclosure of certain information by landlord prohibited; exceptions.
8. A landlord shall not disclose information documenting domestic violence that has been provided to the landlord by a victim of domestic violence pursuant...
New Jersey Statutes 46:8-9.12 Inapplicability of act to seasonal use, rental.
10. The provisions of P.L.2008, c.111 (C.46:8-9.4 et al.) shall not apply to any lease for the seasonal use or rental of real property....
New Jersey Statutes 46:8-10 Tenant holding over; tenancy from month to month
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession...
New Jersey Statutes 46:8-19 Security deposits; investment, deposit, disposition
1. Whenever money or other form of security shall be deposited or advanced on a contract, lease or license agreement for the use or...
New Jersey Statutes 46:8-19.1 Rules, regulations
The Commissioner of Banking may, in his discretion, promulgate rules and regulations with respect to the establishment of the method of computing the interest due...
New Jersey Statutes 46:8-20 Procedure on conveyance of property
2. Any person, whether the owner or lessee of the property leased, who or which has or hereafter shall have received from a tenant...
New Jersey Statutes 46:8-21 Liability on transfer
3. Any owner or lessee turning over to his or its grantee, assignee, or to a purchaser of the leased premises at a foreclosure...
New Jersey Statutes 46:8-21.1 Return of deposit; displaced tenant; termination of lease; civil penalties, certain.
3. Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered...
New Jersey Statutes 46:8-21.2 Limitation on amount of deposit
4. An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month's rental according to the terms...
New Jersey Statutes 46:8-21.3 Security deposits prior to effective date of act; date of compliance
Security deposits made prior to the effective date of this act shall comply with the provisions of this act within 90 days of the effective...
New Jersey Statutes 46:8-21.4 Small claims jurisdiction of actions on security deposits less than $5,000
6. Notwithstanding any law or rule to the contrary, the Division of Small Claims of the Superior Court, Law Division, Special Civil Part shall...
New Jersey Statutes 46:8-21.5 Deposit recovery, certain; court action not required for tenant receiving financial assistance.
1. A tenant who has received financial assistance through any State or federal program, including welfare or rental assistance, shall not be required to...
New Jersey Statutes 46:8-22 Enforcement of trust by civil action
Any trust arising under the provisions of this act shall be enforceable by a civil action in a court of competent jurisdiction and that court...
New Jersey Statutes 46:8-23 Statutory trust upon insolvency or bankruptcy of person receiving security deposit
In the event of the insolvency or bankruptcy of the person receiving the said moneys, the claim of the person who paid the said moneys...
New Jersey Statutes 46:8-24 Waiver by depositor prohibited
Any provision of such a contract, lease or agreement whereby a person who so deposits or advances money waives any provision of this act is...
New Jersey Statutes 46:8-25 Unlawful diversion of trust funds; penalty
Any person party to said contract, lease or agreement, or any agent of said person, or any officer of a corporation receiving said moneys, who,...
New Jersey Statutes 46:8-26 Application of act
The provisions of this act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two...
New Jersey Statutes 46:8-27 Landlord, project defined.
1. The term "landlord," as used in this act, shall mean the person or persons who own or purport to own, or exercise control...
New Jersey Statutes 46:8-28 Certificate of registration; filing, contents.
2. Every landlord shall, within 30 days following the effective date of this act, or at the time of the creation of the first...
New Jersey Statutes 46:8-28.1 Certificate; indexing, filing; inspection; fee; validation.
3. In the case of a filing under section 2 of P.L.1974, c.50 (C.46:8-28) with the municipal clerk, or with such other municipal official...
New Jersey Statutes 46:8-28.2 Certificate of registration; amendment; filing
Every landlord required to file a certificate of registration as described in section 2 of P.L.1974, c. 50 (C. 46:8-28) shall file an amended certificate...
New Jersey Statutes 46:8-28.3 Registration under act if in compliance with L.1974, c. 50, or Hotel and Multiple Dwelling Law
Nothing herein shall require a landlord who has heretofore complied with all provisions of P.L.1974, c. 50 (C. 46:8-27 et seq.) or the "Hotel and...
New Jersey Statutes 46:8-28.4 Inapplicability of act to current proceedings, liabilities or penalties
This amendatory and supplementary act shall not affect any current proceedings, liabilities or penalties involving violations of the sections amended or repealed by this amendatory...
New Jersey Statutes 46:8-28.5 Certificate of registration, fee; exceptions.
2. a. Except as otherwise provided in subsection b. of this section, every owner of a tenant-occupied single-family or two-family residential property, including, without limitation,...
New Jersey Statutes 46:8-29 Provision of copy of certificate of registration to tenant.
3. Within 30 days following the effective date hereof, and at the time of the creation of a new tenancy, every landlord shall provide...
New Jersey Statutes 46:8-30 Date of preparation; stipulation
All information required under section 2. and 3. of this act shall stipulate the date of preparation. L.1974, c. 50, s. 4, eff. June 25,
New Jersey Statutes 46:8-31 Service by mail upon record owner
5. In any action in the Superior Court, Law Division, Special Civil Part or municipal court by an occupant or tenant or to recover penalties...
New Jersey Statutes 46:8-32 Service of process on Superior Court clerk
6. Service of process on the clerk of the Superior Court, Law Division, Special Civil Part or municipal court having jurisdiction over the municipality in...
New Jersey Statutes 46:8-33 Action for possession by landlord; compliance with act
In any action for possession instituted by a landlord who has failed to comply with the provisions of this act, no judgment for possession shall...
New Jersey Statutes 46:8-34 Jurisdiction of Superior Court; amounts under $3,000
8. The Superior Court, Law Division, Special Civil Part shall have jurisdiction over any action between a landlord and tenant where the amount in controversy...
New Jersey Statutes 46:8-35 Penalty for violation; recovery to municipalities
9. Any landlord who shall violate any provision of this act shall be liable to a penalty of not more than $500.00 for each offense,...
New Jersey Statutes 46:8-36 Waiver of rights by agreement; unenforceability
Any written or oral provision in any agreement whereby any tenant waives any rights under this act shall be deemed against public policy and unenforceable....
New Jersey Statutes 46:8-37 Severability
If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate...
New Jersey Statutes 46:8-38 Definitions
The following terms whenever used or referred to in this act shall have the following respective meanings for the purposes of this act, except in...
New Jersey Statutes 46:8-39 Information on crime insurance; advice to tenants
Within 6 months of the effective date of this act, every owner of a multiple dwelling shall make available to all his tenants information regarding...
New Jersey Statutes 46:8-40 Owners of multiple dwellings; duties to make tenant insurable
No owner of a multiple dwelling shall do or refuse to do any act or permit any tenant to do any act which would prevent...
New Jersey Statutes 46:8-41 Penalties
4. Any owner who fails to provide to any tenant the information required under section 2 of this act or violates any other provision of...
New Jersey Statutes 46:8-42 Severability
If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate...
New Jersey Statutes 46:8-43 Short title
This act shall be known and may be cited as "The Truth-in-Renting Act." L.1975, c. 310, s. 1.
New Jersey Statutes 46:8-44 Definitions
As used in this act: a. "Landlord" means any person who rents or leases or offers to rent or lease, for a term of at...
New Jersey Statutes 46:8-45 Statement of legal rights and responsibilities of tenants and landlords of rental dwelling units.
3. a. The department shall, as soon as practicable and annually thereafter, after public hearing, prepare and make available at no cost to the public,...
New Jersey Statutes 46:8-46 Statement; distribution and posting by landlords
Every landlord shall distribute one copy of the statement prepared and made available pursuant to the provisions of this act to each of their tenants...
New Jersey Statutes 46:8-47 Violations of act; penalty
5. Any landlord who violates any provision of this act, contrary to the legal rights of tenants, shall be liable to a penalty of not...
New Jersey Statutes 46:8-48 Offer of or entry into lease in violation of rights of tenants; termination of lease; exception
No landlord shall offer to any tenant or prospective tenant or enter into any written lease after the effective date of this act which includes...
New Jersey Statutes 46:8-49 Waiver of right to receive or refusal to accept statement; effect
No waiver or refusal by a tenant of his right to receive a copy of the statement as provided herein shall alter the responsibilities of...
New Jersey Statutes 46:8-50 Notification to tenants if property is in flood zone
1. Every landlord shall notify each of the landlord's tenants upon the event that the rental property which is the subject of a lease...
New Jersey Statutes 46:8A-1 Short title
This act shall be known and may be cited as the "Horizontal Property Act." L.1963, c. 168, s. 1.
New Jersey Statutes 46:8A-2 Definitions
Unless it is plainly evident from the context that a different meaning is intended, as used herein: (a) "Apartment" means an enclosed space consisting of...
New Jersey Statutes 46:8A-3 Horizontal property regimes; mergers
Whenever a sole owner or the coowners of a building expressly declare, through the recordation of a master deed, which shall set forth the particulars...
New Jersey Statutes 46:8A-3.1 Organization of two or more regimes as nonprofit corporation; application of act
Where the coowners of the apartments in two or more regimes, which together constitute a single community, are organized into a single entity, such as,...
New Jersey Statutes 46:8A-4 Status of apartments within horizontal property regime
Once the property is submitted to the horizontal property regime, an apartment in the regime may be individually conveyed and encumbered and may be the...
New Jersey Statutes 46:8A-5 Joint tenancies; tenancies in common; tenancies by the entirety
Any apartment may be held and owned by more than one person as joint tenants, as tenants in common, as tenants by the entirety or...
New Jersey Statutes 46:8A-6 Ownership of apartments; of common elements; value
In each regime an apartment owner shall have the exclusive ownership of his apartment and shall have a proportionate undivided interest in the general common...
New Jersey Statutes 46:8A-7 Indivisibility of common elements
The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the...
New Jersey Statutes 46:8A-8 Use of elements held in common
Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the...
New Jersey Statutes 46:8A-9 Recordation of master deed; matters to be set forth in deed
The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the property making up the regime...
New Jersey Statutes 46:8A-10 Plans to be attached to master deed
There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of...
New Jersey Statutes 46:8A-11 Description of individual apartments
Each apartment in a building shall be designated, on the plans referred to in section 10 of this act, by letter or number or other...
New Jersey Statutes 46:8A-12 Waiver of regime
Two-thirds of the coowners or the sole owner of property constituted into a horizontal property regime may waive this regime and regroup or merge the...
New Jersey Statutes 46:8A-13 Merger no bar to reconstitution
The merger provided for in section 12 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so...
New Jersey Statutes 46:8A-14 By-laws; inserting or appending to master deed
The administration of every property constituted into a horizontal property regime shall be governed by by-laws which shall be inserted in or appended to and...
New Jersey Statutes 46:8A-15 Necessary contents of by-laws; modification of system; recordation
The bylaws must necessarily provide for at least the following: (a) Form of administration, indicating whether this shall be in charge of an administrator or...
New Jersey Statutes 46:8A-16 Books of receipts and expenditures; availability for examination
The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep books with a detailed account, in chronological...
New Jersey Statutes 46:8A-17 Council of co-owners; access to apartments
The council of co-owners shall have the irrevocable right, to be exercised by the administrator, or the board of administration, or other form of administration...
New Jersey Statutes 46:8A-18 Contributions for payment of expenses of administration and maintenance
The coowners of the apartments are bound to contribute pro rata toward (a) the expenses of administration, of furnishing services and of maintenance and repair...
New Jersey Statutes 46:8A-19 Compliance with by-laws; damages or injunctive relief for noncompliance
Each co-owner shall comply strictly with the by-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be...
New Jersey Statutes 46:8A-20 Liens for labor or materials
(a) Subsequent to recording the master deed as provided in this act, and while the property remains subject to this act, no lien shall arise...
New Jersey Statutes 46:8A-21 Priority of liens
Upon the sale or conveyance of an apartment, all unpaid assessments against a co-owner for his pro rata share in the expenses to which section...
New Jersey Statutes 46:8A-22 Joint and several liability of purchaser and seller for payment of assessments; purchaser's recovery; statement of amount due by seller
The purchaser of an apartment shall be jointly and severally liable with the seller for the amounts owing by the latter under section 18 of...
New Jersey Statutes 46:8A-23 Insuring building and common elements against risks
The coowners, as such, or the administrator, or the board of administration, or other form of administration specified in the bylaws, shall insure all buildings...
New Jersey Statutes 46:8A-24 Application of insurance proceeds to reconstruction; pro rata distribution in certain cases; rules governing reconstruction
In case of fire or any other disaster the insurance indemnity shall, except as provided in the next succeeding paragraph of this section, be applied...
New Jersey Statutes 46:8A-25 Building costs in excess of insurance proceeds
Where any building is not insured or where the insurance indemnity is insufficient to cover the cost of reconstruction, the new building costs shall be...
New Jersey Statutes 46:8A-26 Taxes, assessments and charges; valuation of apartments; exemptions or deductions
All property taxes, assessments and other charges of any taxing district shall be assessed against and collected on each individual apartment, each of which shall...
New Jersey Statutes 46:8A-27 Incorporation
Nothing herein contained shall prohibit any council of co-owners from incorporating pursuant to the provisions of Title 14 of the Revised Statutes for the purpose...
New Jersey Statutes 46:8A-28 Partial invalidity
If any provision of this act is held invalid such invalidity shall not affect other provisions hereof, and to this end the provisions of this...
New Jersey Statutes 46:8B-1 Short title
This act shall be known and may be cited as the "Condominium Act." L.1969, c. 257, s. 1, eff. Jan. 7, 1970.
New Jersey Statutes 46:8B-2 Saving clause
This act shall not be construed to amend or repeal the act entitled "An act concerning interests in real property and providing for the creation...
New Jersey Statutes 46:8B-3 Definitions
The following words and phrases as used in this act shall have the meanings set forth in this section unless the context clearly indicates otherwise:...
New Jersey Statutes 46:8B-4 Status of units
Each unit shall constitute a separate parcel of real property which may be dealt with by the owner thereof in the same manner as is...
New Jersey Statutes 46:8B-5 Types of ownership
Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy or relationship recognized under the...
New Jersey Statutes 46:8B-6 Common elements
The proportionate undivided interest in the common elements assigned to each unit shall be inseparable from such unit, and any conveyance, lease, devise or other...
New Jersey Statutes 46:8B-7 Invalidity of contrary agreements
Any agreement contrary to the provisions of this act shall be void. L.1969, c. 257, s. 7, eff. Jan. 7, 1970.
New Jersey Statutes 46:8B-8 Creation, establishment of condominium.
8. A condominium may be created and established by recording in the office of the county recording officer of the county wherein the land is...
New Jersey Statutes 46:8B-8.1 Establishment of condominium upon land held under lease
Nothing in the act to which this act is a supplement shall be construed to prevent the creation and establishment of a condominium as defined...
New Jersey Statutes 46:8B-9 Master deed, contents.
9. The master deed shall set forth, or contain exhibits setting forth the following matters: (a) A statement submitting the land described in...
New Jersey Statutes 46:8B-10 Unit deeds and other instruments
A deed, mortgage, lease or other instrument pertaining to a unit shall have the same force and effect in regard to such unit as would...
New Jersey Statutes 46:8B-11 Amendments to master deed
The master deed may be amended or supplemented in the manner set forth therein. Unless otherwise provided therein, no amendment shall change a unit unless...
New Jersey Statutes 46:8B-12 The association
The association provided for by the master deed shall be responsible for the administration and management of the condominium and condominium property, including but not...
New Jersey Statutes 46:8B-12.1 Members of governing board; elections; written approval of actions by developer; control by board; delivery of items
a. When unit owners other than the developer own 25% or more of the units in a condominium that will be operated ultimately by an...
New Jersey Statutes 46:8B-12.2 Management, employment, service or maintenance contract or contract for equipment or materials; 2 year limitation; termination
Any management, employment, service or maintenance contract or contract for the supply of equipment or material which is directly or indirectly made by or on...
New Jersey Statutes 46:8B-13 Bylaws
13. The administration and management of the condominium and condominium property and the actions of the association shall be governed by bylaws which shall initially...
New Jersey Statutes 46:8B-13.1 Explanatory materials, guidelines for condominium associations, administrators
The Commissioner of Community Affairs shall cause to be prepared and distributed, for the use and guidance of condominium associations and administrators, explanatory materials and...
New Jersey Statutes 46:8B-14 Responsibilities of association
14. The association, acting through its officers or governing board, shall be responsible for the performance of the following duties, the costs of which shall...
New Jersey Statutes 46:8B-15 Powers of association.
15. Subject to the provisions of the master deed, the bylaws, rules and regulations and the provisions of this act or other applicable law,...
New Jersey Statutes 46:8B-16 Authority, rights of unit owner
16. (a) No unit owner, except as an officer of the association, shall have any authority to act for or bind the association. An association,...
New Jersey Statutes 46:8B-17 Common expenses
The common expenses shall be charged to unit owners according to the percentage of their respective undivided interests in the common elements as set forth...
New Jersey Statutes 46:8B-18 Prohibited work
There shall be no material alteration of or substantial addition to the common elements except as authorized by the master deed. No unit owner shall...
New Jersey Statutes 46:8B-19 Taxes, assessments and charges; valuation of units; exemptions or deductions
All property taxes, special assessments and other charges imposed by any taxing authority shall be separately assessed against and collected on each unit as a...
New Jersey Statutes 46:8B-20 Liens for labor or materials
(a) Except as otherwise provided in section 23, subsequent to recording the master deed as provided in this act, and while the property remains subject...
New Jersey Statutes 46:8B-21 Liens in favor of association; priority.
21. a. The association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common...
New Jersey Statutes 46:8B-22 Effect of sheriff's sale
22. Effect of sheriff's sale. (a) A unit may be sold by the sheriff on execution, free of any claim, not a lien of record,...
New Jersey Statutes 46:8B-23 Blanket mortgage
Notwithstanding any other provision of this act, if the master deed or by-laws so permit, the entire condominium property, or some or all of the...
New Jersey Statutes 46:8B-24 Fire or other casualty
(a) Damage to or destruction of any improvements on the condominium property or any part thereof or to a common element or elements or any...
New Jersey Statutes 46:8B-25 Eminent domain
If all or any part of the common elements shall be taken, injured or destroyed by eminent domain, each unit owner shall be entitled to...
New Jersey Statutes 46:8B-26 Condominium termination
Any condominium property may be removed from the provisions of this act by agreement of unit owners of units to which at least 80% of...
New Jersey Statutes 46:8B-27 Effect of deed of revocation
Upon the recording of such deed of revocation, the unit owners as of the date of recording of such deed shall become tenants-in-common of the...
New Jersey Statutes 46:8B-28 Resubmission
The removal of any property from the provisions of this act shall not bar the resubmission of the property to the provisions of this act...
New Jersey Statutes 46:8B-29 Zoning
All laws, ordinances and regulations concerning planning, subdivision or zoning, shall be construed and applied with reference to the nature and use of the condominium...
New Jersey Statutes 46:8B-30 Partial invalidity
If any provision of this act in held invalid, such invalidity shall not affect other provisions hereof, and to this end the provisions of this...
New Jersey Statutes 46:8B-31 Legislative findings and declarations
The Legislature finds and declares that many leases involving use of parking, recreational or other common facilities or areas by residents of condominiums were entered...
New Jersey Statutes 46:8B-32 Unconscionability of leases; rebuttable presumption; elements of lease
There is hereby established a rebuttable presumption of unconscionability with respect to leases involving condominium property, including, but not limited to, leases concerning the use...
New Jersey Statutes 46:8B-33 Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions...
New Jersey Statutes 46:8B-34 Selling price; inclusion of statement of membership fees
The developer shall separately state in the selling price of a unit in a condominium the full membership fee in the condominium association and all...
New Jersey Statutes 46:8B-35 Lease of parking, recreational or other common facility or area for over 20 years; option to renew or purchase
When any parking, recreational or other common facility or area has been leased for the use of the unit owners of a condominium for 20...
New Jersey Statutes 46:8B-36 Master deeds or bylaws of association; rebuttable presumption of unconscionability
There is hereby established a rebuttable presumption of unconscionability with respect to provisions of master deeds or association bylaws recorded prior to the effective date...
New Jersey Statutes 46:8B-37 Application of act
The provisions of this act shall not apply to any lease involving the use of parking, recreational or other common facilities or areas at a...
New Jersey Statutes 46:8B-38 Right of first refusal clause in contract for sale of condominium, master deed or association bylaws; applicability to state or any political subdivision
No contract for the sale of a condominium unit executed on or after the effective date of this amendatory and supplementary act, nor any master...
New Jersey Statutes 46:8C-2 Mobile home park fees
a. No mobile home park owner or operator shall require a resident therein to purchase from said owner or operator underskirting, equipment for tying down...
New Jersey Statutes 46:8C-3 Sale of mobile home within park; notice to and approval by owner or operator
a. No mobile home park shall deny any resident of such mobile home park the right to sell said resident's mobile home within the park...
New Jersey Statutes 46:8C-4 Leases; delivery and posting of rules and regulations
A mobile home park owner or operator shall be required: a. Within 30 days of the effective date of this enactment to offer a written...
New Jersey Statutes 46:8C-5 Waiver of provisions of act by agreement; invalidity
Any provision of a lease or other agreement whereby any provision of this act is waived shall be deemed against public policy and shall be...
New Jersey Statutes 46:8C-6 Severability
If any provision of this act or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect...
New Jersey Statutes 46:8C-7 Construction of act
This act being necessary for the welfare of the State and its inhabitants shall be liberally construed to effectuate the purposes thereof. L.1973, c. 153,...
New Jersey Statutes 46:8C-8 Regulation and licensing by municipality; ordinance
In addition to the powers set forth in R.S. 40:52-1, the governing body of a municipality may, by ordinance, provide for the regulation and licensing...
New Jersey Statutes 46:8C-9 Sale of first mobile home located on each site to be leased within park
The mobile home park owner or operator may sell the first mobile home to be located on each site to be leased within the mobile...
New Jersey Statutes 46:8C-10 Definitions.
1. a. For the purposes of P.L.1991, c.483 (C.46:8C-10 et seq.): "Campground facility" means real property designed and used for the purpose of...
New Jersey Statutes 46:8C-11 Rights of homeowners on offer for sale
2. a. If a private residential leasehold community landowner offers private residential leasehold community land for sale, he shall notify the board of directors of...
New Jersey Statutes 46:8C-12 Right of homeowners on offer to buy
3. a. If a private residential leasehold community landowner receives a bona fide offer to purchase the land that he intends to consider or make...
New Jersey Statutes 46:8C-13 Rights not applicable to certain sales, etc.
4. The provisions of sections 2 and 3 of this act shall not apply to: a. Any sale or...
New Jersey Statutes 46:8C-14 Compliance as prerequisite to recording
5. In addition to other prerequisites for recording, no deed evidencing transfer of title to a private residential leasehold community land shall be...
New Jersey Statutes 46:8C-15 Formation of association
6. a. In order to exercise the rights provided in sections 2 and 3 of this act, the owners of homes in a private residential...
New Jersey Statutes 46:8C-16 Association notice to landowner, recording
7. a. Upon receipt of its certificate of incorporation, or, if the homeowners' association does not incorporate, upon its establishment, the homeowners' association shall notify...
New Jersey Statutes 46:8C-17 Purpose of association
8. a. The articles of incorporation of a homeowners' association or the bylaws of any unincorporated homeowners' association formed under this act shall provide: ...
New Jersey Statutes 46:8C-18 Governing bylaws; requisites
9. In order for a homeowners' association to exercise the rights provided in section 2 or 3 of this act, the bylaws of...
New Jersey Statutes 46:8C-19 Powers, duties of the association
10. a. An association may contract, sue, or be sued, with respect to the exercise or non-exercise of its powers. For these purposes, the powers...
New Jersey Statutes 46:8C-20 Duties of private residential leasehold community owner
11. The owner of the private residential leasehold community land shall notify in writing each owner of a home therein or, if a...
New Jersey Statutes 46:8C-21 Relocations, variances, certain, prohibited
12. No agency of municipal, county or State government, or of any agency or instrumentality thereof, shall approve or take any other final...
New Jersey Statutes 46:8D-1 Short title
This act shall be known and may be cited as "The Cooperative Recording Act of New Jersey." 1987,c.381,s.1.
New Jersey Statutes 46:8D-2 Findings, declarations
The Legislature finds that issuance of proprietary real estate leases by cooperative corporations and other cooperative legal entities is becoming a popular practice in New...
New Jersey Statutes 46:8D-3 Definitions
As used in this act: a. "Association" means the entity responsible for the administration of a cooperative which entity may be incorporated or unincorporated, profit...
New Jersey Statutes 46:8D-4 Recording of documents
A county recording officer shall establish and maintain all appropriate books for the recording of documents which are entitled to be recorded under this act....
New Jersey Statutes 46:8D-5 Plan of cooperative ownership
A plan of cooperative ownership is created by recording in the office of the county recording officer of the county wherein the land is located...
New Jersey Statutes 46:8D-6 Master declaration
The master declaration for a cooperative shall contain the following elements: a. A legal description by metes and bounds and tax lot and block of...
New Jersey Statutes 46:8D-7 Master register
The master register shall contain the following elements: a. Separate identification of each unit by distinctive letter, name or number or combination thereof. b. The...
New Jersey Statutes 46:8D-8 Fees
The county recording officer in each county shall charge the fees prescribed for recording of real property documents for the recording of the documents required...
New Jersey Statutes 46:8D-9 Lands in more than 1 county, state
Whenever a proposed cooperative plan involves lands located in more than one county or state, the proponent of the cooperative shall comply with requirements of...
New Jersey Statutes 46:8D-10 Amendments
The master declaration or master register may be amended in the manner set forth therein; provided that no amendment shall affect any cooperative unit unless...
New Jersey Statutes 46:8D-11 Contents of transfer document, short form memorandum
The sale or transfer of a cooperative share by a proprietary lease or an assignment thereof or other like instrument is achieved by the recording...
New Jersey Statutes 46:8D-12 Recording of documents
The documents referred to in section 11 of this article shall be recorded in the office of the county recording office of the county wherein...
New Jersey Statutes 46:8D-13 Recording, indexing fees
The transferee shall pay the recording fees for each instrument. In addition, the county recording officer shall levy and collect from the transferor, a fee...
New Jersey Statutes 46:8D-13.1 Findings, declarations relative to rental housing and cooperatives; agreements, certain, unenforceable
1. a. The Legislature finds and declares that it is in the public interest of the citizens of this State that the availability of rental...
New Jersey Statutes 46:8D-14 Recording of financing statement security agreement, lien
a. The lender of funds secured by a promissory note and pledge of the stock and proprietary lease of a cooperative unit shall record...
New Jersey Statutes 46:8D-15 Liens
Any lien on a cooperative ownership interest is governed by the law designated in the instrument and selected by the lender for recordation of the...
New Jersey Statutes 46:8D-16 Deed of revocation
Any cooperative property may be removed from the provisions of this act by a deed of revocation duly executed by all unit lessees or the...
New Jersey Statutes 46:8D-17 Resubmission permissible
The removal of any property from the provisions of this act shall not bar the resubmission of the property to the provisions of this act...
New Jersey Statutes 46:8D-18 Adherence to definition of "cooperative"
a. The Department of Community Affairs shall not accept for registration as a cooperative under "The Planned Real Estate Development Full Disclosure Act," P.L. 1977,...
New Jersey Statutes 46:9-1 Short form mortgage
A mortgage may be made in the following form or to like effect: "This mortgage, made the ............. day of ........ 19 ..... , between...
New Jersey Statutes 46:9-2 Covenant of seizin and warranty
A covenant in any mortgage in the words, "That the mortgagor warrants the title to the premises" shall be construed to have the same force...
New Jersey Statutes 46:9-3 Covenant as to taxes paid
A covenant by the mortgagor in a mortgage, "That no owner of the mortgaged property shall be entitled to any credit by reason of the...
New Jersey Statutes 46:9-4 Covenant to pay indebtedness
A covenant in any mortgage in the words, "That will pay the indebtedness as hereinbefore provided" shall be construed to have the same force and...
New Jersey Statutes 46:9-5 Covenant as to insurance
A covenant in any mortgage in the words, "That the buildings on the premises shall be kept insured against loss by fire for the benefit...
New Jersey Statutes 46:9-6 Covenant as to acceleration
A covenant in any mortgage in the words, "That the whole of the principal sum shall at the option of the holder of the mortgage...
New Jersey Statutes 46:9-7 Covenant as to declaration of no offset
A covenant in any mortgage in the words, "That the mortgagor within (number to be inserted) days, upon written request of the holder thereof, will...
New Jersey Statutes 46:9-7.1 Express agreement required for assumption of mortgage debt
Whenever real estate situate in this State shall be sold and conveyed subject to an existing mortgage or is at the time of any such...
New Jersey Statutes 46:9-8 Purchase money mortgage over judgments
Whenever real estate situate in this state is or shall be sold and conveyed, and a mortgage is given by the purchaser at the same...
New Jersey Statutes 46:9-8.1 Definitions
1. As used in this act: a. "Mortgage loan" means any loan or line of credit, except a construction loan, which...
New Jersey Statutes 46:9-8.2 Priority preserved
2. Notwithstanding any other law to the contrary, the priority of the lien of a mortgage loan which has undergone a modification, as defined by...
New Jersey Statutes 46:9-8.3 No outstanding indebtedness
The priority of the lien of a mortgage loan shall not be affected by the fact that there may not have been any outstanding indebtedness...
New Jersey Statutes 46:9-8.4 Prior recorded liens
Liens of mortgage loans recorded prior to the effective date of this act: a. With respect to liens effective prior to the effective date of...
New Jersey Statutes 46:9-8.5 Title insurance to continue in effect despite modification to mortgage loan; exception.
2. If a holder of a mortgage loan has insured the holder's interest in the real property securing the mortgage loan with title insurance...
New Jersey Statutes 46:9-9 Assignment of mortgages
46:9-9. All mortgages on real estate in this State, and all covenants and stipulations therein contained, shall be assignable at law by writing, whether sealed...
New Jersey Statutes 46:10-1 Support of party or other walls adjacent to excavations eight feet in depth
Whenever excavations, for buildings or other purposes, on any lot or piece of land, shall be intended to be carried to a depth of more...
New Jersey Statutes 46:10A-1 Demanding or exacting money or other valuable thing for making or obtaining mortgage loan
Whenever any agreement for the sale of real estate is conditioned upon any person named therein obtaining a mortgage loan upon such real estate in...
New Jersey Statutes 46:10A-2 Violators as disorderly persons
Any person who violates any provision of this act shall be a disorderly person, and any payment or thing paid or exacted in violation of...
New Jersey Statutes 46:10A-3 Issuance of mortgagee title insurance policy required; notice to mortgagor
Whenever in connection with the making of a real estate purchase money mortgage loan upon a 1, 2, 3 or 4 family dwelling house for...
New Jersey Statutes 46:10A-4 Statement of receipt of notice by mortgagor
At or before the closing of the mortgage loan transaction the company issuing the title insurance shall obtain from the mortgagor a statement in writing...
New Jersey Statutes 46:10A-5 Violation; penalty
If the company issuing the mortgagee policy of title insurance shall fail to comply with the provisions of section 1 of this act the said...
New Jersey Statutes 46:10A-6 Borrower to choose own attorney; fees; disclosure; definitions
1. a. No banking institution, other financial institution or other lender, which is licensed or authorized under the laws of this State or of the...
New Jersey Statutes 46:10B-1 Definitions
As used in this act: (a) "Mortgage loan" means a loan secured by an interest in real property consisting of land upon which is erected...
New Jersey Statutes 46:10B-2 Prepayment of mortgage loan without penalty
Prepayment of a mortgage loan may be made by or on behalf of a mortgagor at any time without penalty. L.1968, c. 54, s. 2,...
New Jersey Statutes 46:10B-3 Additional payments
A mortgagor shall have the right, during any 6 month period beginning with the date of the mortgage loan, to pay, without charge or penalty,...
New Jersey Statutes 46:10B-4 Invalidity of mortgage provisions
No provision in a mortgage or instrument of indebtedness which denies the rights conferred by sections 2 and 3 of this act, or which provides...
New Jersey Statutes 46:10B-5 Violation; return of fees plus interest
Any holder of a mortgage loan or agent acting on behalf of the holder of a mortgage loan who shall knowingly demand and receive prepayment...
New Jersey Statutes 46:10B-6 Failure to deliver cancellation or discharge; forfeiture of fee
Any holder of a mortgage loan or agent acting on behalf of such holder who shall willfully fail or refuse to deliver a cancellation or...
New Jersey Statutes 46:10B-7 Failure to accept additional payments; forfeiture of interest
Any holder of a mortgage loan or agent acting on behalf of such holder who shall wilfully fail or refuse to accept additional payments tendered...
New Jersey Statutes 46:10B-8 Increase in interest rate; limitation
If any mortgage loan or written contract or commitment for such loan provides for an increase in the rate of interest during the term of...
New Jersey Statutes 46:10B-9 Application of act
This act shall not apply to loans secured by a mortgage on real property the prepayment of which is governed by any other statute of...
New Jersey Statutes 46:10B-10 Interest rate; points
Except as otherwise provided by law, no mortgage loan shall be made at an interest rate in excess of the rate authorized by section 31:1-1...
New Jersey Statutes 46:10B-11 Points; liability for receiving
Any holder of a mortgage loan or agent acting on behalf of the holder of a mortgage loan who shall knowingly receive points as defined...
New Jersey Statutes 46:10B-11.1 Discount points deemed interest on loan
Discount points paid by the buyer or seller in connection with a mortgage loan on a one-to-six family dwelling, occupied or to be occupied by...
New Jersey Statutes 46:10B-12 Graduated payment mortgage defined
As used in this act, "graduated payment mortgage" means a mortgage loan with lower monthly payments of principal and interest during the early years of...
New Jersey Statutes 46:10B-13 Authorization to make
Notwithstanding any law, rule, regulation, or opinion to the contrary, it shall be lawful for any institution authorized in this State to make mortgage loans...
New Jersey Statutes 46:10B-14 Use for dwelling units; limits on interest
Graduated payment mortgages may be secured only by real estate on which there is erected or to be erected a structure containing one, two, three,...
New Jersey Statutes 46:10B-15 Option to convert to conventional level payment mortgage
At any time during the life of the graduated payment mortgage the mortgagor shall have the option without penalty to convert to a conventional level...
New Jersey Statutes 46:10B-16 Short title
This act shall be known and may be cited as the "Senior Citizen Homeowner's Income Security Act." L.1979, c. 140, s. 1, eff. July 6,
New Jersey Statutes 46:10B-17 Definitions
As used in this act: "Reverse annuity mortgage" means a mortgage loan secured by unencumbered residential property of the mortgagor which loan is used by...
New Jersey Statutes 46:10B-18 Reverse annuity and reverse direct payment mortgages; authorization to make; conditions
Notwithstanding any law, rule, regulation, or opinion to the contrary, it shall be lawful for any institution authorized in the State to make first lien...
New Jersey Statutes 46:10B-19 Option of mortgagor to enter into subsequent mortgage with same mortgagee
With respect to a reverse annuity mortgage or a reverse direct payment mortgage, at the termination of the mortgage the mortgagor shall have the option...
New Jersey Statutes 46:10B-20 Exemption of income from New Jersey Gross Income Tax Act
Income derived by mortgagors from mortgages authorized pursuant to this act shall not be considered income for purpose of the "New Jersey Gross Income Tax...
New Jersey Statutes 46:10B-21 Regulations
The Commissioner of Banking may make such regulations as he deems necessary to effectuate the purposes of this act. L.1979, c. 140, s. 6, eff....
New Jersey Statutes 46:10B-23 Findings, declarations relative to abusive lending practices.
2. The Legislature finds and declares that: a. Abusive mortgage lending has become an increasing problem in this State, exacerbating the...
New Jersey Statutes 46:10B-24 Definitions relative to abusive lending practices.
3. As used in this act: "Affiliate" means any company that controls, is controlled by, or is under the common control with...
New Jersey Statutes 46:10B-25 Creditors, prohibited practices relative to home loans.
4. a. No creditor making a home loan shall finance, directly or indirectly, any credit life, credit disability, credit unemployment or credit property insurance, or...
New Jersey Statutes 46:10B-26 High-cost home loans, limitations, prohibited practices.
5. A high-cost home loan shall be subject to the following additional limitations and prohibited practices:
New Jersey Statutes 46:10B-27 Affirmative claims, defenses by borrower.
6. a. Notwithstanding any other law to the contrary, if a home loan was made, arranged, or assigned by a person selling either a manufactured...
New Jersey Statutes 46:10B-28 Enforcement by department.
7. a. The department shall conduct examinations and investigations and issue subpoenas and orders to enforce the provisions of this act with respect to a...
New Jersey Statutes 46:10B-29 Violations, remedies, liability.
8. a. (1) Any violation of this act constitutes an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.). Any borrower may seek damages under the...
New Jersey Statutes 46:10B-30 Rights, remedies, prohibitions declared additional, cumulative.
9. The rights, remedies, and prohibitions accorded by the provisions of this act are hereby declared to be in addition to and cumulative of...
New Jersey Statutes 46:10B-31 Law of state of location of property applicable.
10. The law of the state in which the property is located shall be applied to all transactions governed by this act regardless of...
New Jersey Statutes 46:10B-32 Program of consumer counseling, awareness.
11. The Director of the Division of Banking in the Department of Banking and Insurance, in consultation with the Director of the Division of...
New Jersey Statutes 46:10B-33 Liability of mortgage broker.
12. Notwithstanding any provision of this act to the contrary, a mortgage broker shall be liable under the provisions of this act only for...
New Jersey Statutes 46:10B-34 Preemption of local rules, regulations.
13. No municipality, county or political subdivision thereof, shall enact an ordinance or resolution or promulgate any rules or regulations relating to this act....
New Jersey Statutes 46:10B-35 Regulations.
14. The Commissioner of Banking and Insurance, in consultation and collaboration with the Director of the Division of Consumer Affairs in the Department of Law...
New Jersey Statutes 46:10B-36 Short title.
1. This act shall be known and may be cited as the "Save New Jersey Homes Act of 2008". L.2008, c.86, s.1.
New Jersey Statutes 46:10B-37 Findings, declarations relative to certain residential mortgages.
2. The Legislature finds and declares that: a. Many thousands of New Jersey homeowners are at risk of losing their homes...
New Jersey Statutes 46:10B-38 Definitions relative to certain residential mortgages.
3. As used in this act: "Creditor" means a State chartered bank, savings bank, savings and loan association or credit union, any...
New Jersey Statutes 46:10B-39 Written notices from creditor to eligible borrower.
4. a. Prior to the date on which the interest rate in effect during the introductory period of an introductory rate mortgage resets to a...
New Jersey Statutes 46:10B-40 Period of extension; certification.
5. a. Notwithstanding any law or contract right to the contrary, prior to the initial interest rate reset of an introductory rate mortgage, a creditor...
New Jersey Statutes 46:10B-41 Notice sent to eligible foreclosed borrower.
6. a. A creditor that issues to an eligible foreclosed borrower a notice of intention to foreclose an introductory rate mortgage pursuant to the "Fair...
New Jersey Statutes 46:10B-42 Period of extension for eligible foreclosed borrower.
7. a. Notwithstanding any law or contract right to the contrary, a creditor shall provide an eligible foreclosed borrower a period of extension for three...
New Jersey Statutes 46:10B-43 Violations, penalties.
8. a. Any person who willfully violates any provision of this act shall be liable to a penalty of not more than $10,000 for the...
New Jersey Statutes 46:10B-44 Creditor's failure to fulfill obligation.
9. Failure of a creditor to fulfill any obligation under this act shall not be considered to be the exercise of a power, right,...
New Jersey Statutes 46:10B-45 Liberal construction.
10. This act shall be liberally construed to effectuate the purposes of the act. L.2008, c.86, s.10.
New Jersey Statutes 46:10B-46 Severability.
11. If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, the judgment shall not affect, impair...
New Jersey Statutes 46:10B-47 Regulations.
12. The Attorney General, in consultation with the Department of Banking and Insurance shall adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410...
New Jersey Statutes 46:10B-48 Effective date; term.
13. This act shall take effect immediately, and remain in effect until January 1, 2011. L.2008, c.86, s.13.
New Jersey Statutes 46:10B-49 Report of mortgage foreclosure actions.
15. a. (1) Except as provided in paragraph (2) of this subsection, a creditor that institutes a mortgage foreclosure action in the Superior Court of...
New Jersey Statutes 46:10B-50 Six-month forbearance period before foreclosure; definitions.
16. a. (1) A creditor that files and serves, pursuant to the "Fair Foreclosure Act," P.L.1995, c.244 (C.2A:50-53 et al.), a summons and complaint of...
New Jersey Statutes 46:10B-51 Procedure for serving summons and complaint in an action to foreclose on a mortgage.
17. a. (1) A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in this State shall,...
New Jersey Statutes 46:10B-51.1 Certain owners of foreclosed property required to file contact information.
1. The owner of any non-owner occupied residential property who takes title to the property as the result of a sheriff's sale or deed...
New Jersey Statutes 46:10B-53 Short title.
1. This act shall be known and may be cited as the "Foreclosure Rescue Fraud Prevention Act." L.2011, c.146, s.1.
New Jersey Statutes 46:10B-54 Definitions relative to certain mortgage foreclosure consultant practices.
2. As used in this act: "Business day" means any day other than a Saturday, Sunday, or a federal holiday. ...
New Jersey Statutes 46:10B-55 Requirements for licensure of foreclosure consultant.
3. a. A foreclosure consultant shall not conduct any business in this State until the foreclosure consultant: (1) (a) Obtains a license from...
New Jersey Statutes 46:10B-56 Foreclosure consultant contract.
4. a. A foreclosure consultant contract shall be written in plain language and shall fully disclose the exact nature of the foreclosure consultant's services to...
New Jersey Statutes 46:10B-57 Additional legal rights of owner.
5. a. In addition to any other legal right to rescind a foreclosure consultant contract, an owner has the right to cancel a foreclosure consultant...
New Jersey Statutes 46:10B-58 Violations relative to foreclosure consultants.
6. It is a violation of this act for a foreclosure consultant to: a. claim, demand, charge, collect, or receive any...
New Jersey Statutes 46:10B-59 Waiver void, unenforceable.
7. a. Any waiver by an owner of the provisions of section 4, 5, or 6 of this act is void and unenforceable as contrary...
New Jersey Statutes 46:10B-60 Written contract required for conveyance of distressed property.
8. a. A distressed property purchaser who enters into a distressed property conditional conveyance or a distressed property conveyance shall do so in the form...
New Jersey Statutes 46:10B-61 Additional right of rescission, cancellation of contract.
9. a. In addition to any other right of rescission provided by applicable State or federal laws, the owner has the right to cancel a...
New Jersey Statutes 46:10B-62 Option of cancellation statement in contract.
10. a. A distressed property conditional conveyance contract and a distressed property conveyance contract with a distressed property purchaser shall contain in immediate proximity to...
New Jersey Statutes 46:10B-63 Prohibited actions of distressed property purchaser.
11. a. A distressed property purchaser, in the course of a distressed property conditional conveyance, shall not: (1) enter into, or attempt...
New Jersey Statutes 46:10B-64 Requirements for distressed property purchaser.
12. A distressed property purchaser, in the course of a distressed property conveyance, shall not fail to: a. make a payment...
New Jersey Statutes 46:10B-65 Waiver void, unenforceable.
13. Any waiver of the provisions of section 8, 9, 10, 11, or 12 of this act is void and unenforceable as contrary to...
New Jersey Statutes 46:10B-66 Powers of commissioner relative to compliance.
14. a. The Commissioner of Banking and Insurance may investigate or examine any foreclosure consultant, or other person as the commissioner deems necessary to determine...
New Jersey Statutes 46:10B-67 Violations, penalties; degree of crime.
15. a. Any person who violates any provision of this act shall, in addition to any other penalty provided by law, be liable to a...
New Jersey Statutes 46:10B-68 Enforcement, regulations.
16. The Commissioner of Banking and Insurance shall enforce the provisions of this act, and may promulgate regulations pursuant to the "Administrative Procedure Act,"...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 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...
New Jersey Statutes 46:15-5 Definitions.
1. As used in this act: (a) "Deed" means a written instrument entitled to be recorded in the office of a...
New Jersey Statutes 46:15-6 Requirements for recording of deed evidencing transfer of title.
2. In addition to other prerequisites for recording, no deed evidencing transfer of title to real property shall be recorded in the office of...
New Jersey Statutes 46:15-6.1 Sale of real property by sheriff; procedure; rules and regulations.
1. Whenever an application is made to the sheriff of any county for the sale of any real property, whether under execution or pursuant...
New Jersey Statutes 46:15-6.2 Certification required for recording deed.
3. No deed shall be recorded with a county recording office for a property to which an age restriction applies unless the certification required...
New Jersey Statutes 46:15-7 Realty transfer fees.
3. a. In addition to the recording fees imposed by section 2 of P.L.1965, c.123 (C.22A:4-4.1), a grantor shall pay to the county recording officer...
New Jersey Statutes 46:15-7.1 Supplemental fee for conveyance, transfer of property.
2. a. For each conveyance or transfer of property, the grantor shall pay a supplemental fee of: (1) (a) $0.25 for each $500.00...
New Jersey Statutes 46:15-7.2 Additional fee on certain transfers of real property over $1,000,000.
8. a. In addition to all other fees imposed under P.L.1968, c.49 (C.46:15-5 et seq.), there is imposed a fee upon the grantee of a...
New Jersey Statutes 46:15-7.3 Refund for certain fees paid on transactions occurring before February 1, 2005.
2. Notwithstanding the provisions of any other law, if any, to the contrary, a grantee who paid the fee under section 8 of P.L.2004,...
New Jersey Statutes 46:15-7.4 Refunding of fee on certain property transfers.
2. Notwithstanding the provisions of section 8 of P.L.2004, c.66 (C.46:15-7.2), for the transfer of real property that was classified pursuant to the requirements...
New Jersey Statutes 46:15-8 County, State sharing of fee proceeds.
4. a. The proceeds of the fees collected by the county recording officer, as authorized by P.L.1968, c.49 (C.46:15-5 et seq.), shall be accounted for...
New Jersey Statutes 46:15-9 Falsifying consideration, failure to disclose new construction on deed and affidavits; penalty.
5. a. Any person who knowingly falsifies the consideration recited in a deed or in the proof or acknowledgment of the execution of a deed...
New Jersey Statutes 46:15-10 Exemptions from realty transfer fee.
6. The fee imposed by this act shall not apply to a deed: (a) For a consideration, as defined in section...
New Jersey Statutes 46:15-10.1 Partial fee exemptions.
4. a. The following transfers of title to real property shall be exempt from payment of the State portion of the basic fee: ...
New Jersey Statutes 46:15-10.2 Required provisions of annual appropriations act.
2. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions on the following: (1) ...
New Jersey Statutes 46:15-11 Rules and regulations
7. a. The Director of the Division of Taxation of the Department of the Treasury may prescribe such rules and regulations as the director may...
New Jersey Statutes 46:16-15 Applicability of act to certain federal liens.
1. This act applies to liens arising from the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub.L.96-510 (42 U.S.C. s.9601 et...
New Jersey Statutes 46:16-16 Filing of certificates, notices affecting liens.
2. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed...
New Jersey Statutes 46:16-17 Certification of notices of liens, certificates, etc.
3. Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or...
New Jersey Statutes 46:16-18 Endorsement, fee.
4. a. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate is...
New Jersey Statutes 46:16-19 Fee for filing, indexing notice of lien, certificate, etc.
5. The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is: a. For...
New Jersey Statutes 46:17-3.1 Operation of unregistered mortgages
Every mortgage or conveyance in the nature of a mortgage of and for any lands, shall be void and of no effect against a subsequent...
New Jersey Statutes 46:18-11.2 Cancellation of mortgage after satisfaction
1. a. When any mortgage registered or recorded pursuant to R.S.46:17-1 et seq. shall be redeemed, paid and satisfied, a mortgagee, other than a bank,...
New Jersey Statutes 46:18-11.3 Penalty
2. a. (1) If the mortgagee, his agent or assigns fails to comply with the applicable provisions of subsection a. or b. of section 1...
New Jersey Statutes 46:18-11.4 Failure to comply; liability for costs of action for cancellation
Any mortgagee or his assigns who fail to comply with section 1 of this act shall be liable to the mortgagor, or his heirs, successors...
New Jersey Statutes 46:18-11.5 Definitions relative to mortgage cancellations.
1. As used in this act: "Mortgage" means a residential mortgage, security interest or the like, in which the security is a...
New Jersey Statutes 46:18-11.6 Conditions under which discharge of mortgage may be executed.
2. a. A person which is entitled to receive payment of a mortgage duly recorded or registered in this State pursuant to a written agreement,...
New Jersey Statutes 46:18-11.7 Conditions for a discharge, satisfaction on the record.
3. a. An attorney-at-law of this State or a person duly licensed as an insurance producer pursuant to the "New Jersey Insurance Producer Licensing Act,"...
New Jersey Statutes 46:18-11.8 Regulations
3. The Commissioner of Banking and Insurance may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate...
New Jersey Statutes 46:23-9.17 Nonapplicability of P.L. 1997, c.211 to certain maps relating to construction bids advertised prior to July 1, 2001
1. a. The provisions of P.L.1997, c.211 shall not apply to the filing of any right of way parcel map in connection with projects for...
New Jersey Statutes 46:24-1 Board of commissioners of land records; appointment; vacancies; compensation
In every county of this State having more than two hundred thousand inhabitants, one hundred or more persons, being residents and freeholders of such county,...
New Jersey Statutes 46:24-2 Powers of commissioners as to procuring maps and indexes and as to expenditures
If commissioners shall be appointed under section 46:24-1 of this Title, they may, in the name of the board of chosen freeholders of the county...
New Jersey Statutes 46:24-3 Access to public records and papers
The commissioners appointed under section 46:24-1 of this title shall, in the performance of their duties, have free access to all public records and papers...
New Jersey Statutes 46:24-4 Map or plan of county; preparation and contents
The commissioners appointed under section 46:24-1 of this title shall, immediately upon entering upon their duties, cause to be prepared, under their direction by competent...
New Jersey Statutes 46:24-5 Maps marked as official land maps certified and filed; copies made and sold
The map mentioned in section 46:24-4 of this title shall, when completed, be marked as the official land map of such county and certified as...
New Jersey Statutes 46:24-6 Subdivisions of numbered blocks shown of official land maps
Whenever, after the making of the land map in accordance with section 46:24-4 of this title, any large area or block division, or part thereof,...
New Jersey Statutes 46:24-7 Local or block indexes; preparation, form and contents
The commissioners appointed under section 46:24-1 of this title shall cause to be prepared, in book form, indexes for indexing instruments affecting land in such...
New Jersey Statutes 46:24-8 Form and size of local block indexes; indorsements thereon
The books of indexes referred to in section 46:24-7 of this title shall be made on such convenient form and size as the commissioners shall...
New Jersey Statutes 46:24-9 Subindexes
In counties adopting local indexes under this chapter, the commissioners, or the county recording officers, after the term of office of the commissioners shall have...
New Jersey Statutes 46:24-10 Time for completion of maps and indexes
The maps and indexes required by this chapter shall be completed and placed in the proper offices for public use on the first day of...
New Jersey Statutes 46:24-11 Numbering and indexing maps in counties having block indexes; changes therein
The commissioners of land records appointed under the provisions of the act entitled "An act to establish the use of local indexes for public records...
New Jersey Statutes 46:24-12 Nominal combination and analytical indexes; use; fees
If commissioners shall be appointed under section 46:24-1 of this title in any county, all nominal indexes in use in the county recording office of...
New Jersey Statutes 46:24-13 Entries in local or block indexes; maps, books and records public records; time for completion, certification and deposit
All instruments in writing affecting land, in any county wherein local or block indexes shall be adopted as set forth in section 46:24-7 of this...
New Jersey Statutes 46:24-14 Entries on record or registry of instruments indexed in local indexes
For the purpose of ready reference to the local indexes in counties adopting local indexes, and the discovery of errors of entry therein, every deed,...
New Jersey Statutes 46:24-15 Order and time of entry of instruments in local or block indexes
The county recording officer of any county in which local or block indexes shall be adopted shall enter every instrument received by him for record...
New Jersey Statutes 46:24-16 Liability of county recording officer for errors or omissions
The county recording officer of any county in which local or block indexes shall be adopted shall be liable for any loss or damage to...
New Jersey Statutes 46:24-17 Indorsement of block number on instruments presented for record or registry
All instruments presented to the county recording officer in counties adopting local or block indexes for recording or registering, shall be legibly indorsed by him...
New Jersey Statutes 46:24-18 Indorsement of land block number on instruments entered in local index
In counties adopting local indexes as herein provided, every instrument entered in a local index shall, in addition to the other matters required by law,...
New Jersey Statutes 46:24-19 Indexes as part of record of instruments and as notice of record, execution and contents thereof
The local indexes directed by this chapter to be made and kept and the entries made therein shall, for the purpose of notice as aforesaid,...
New Jersey Statutes 46:24-20 Blocks, parcels of land and lots to run to center of streets, avenues and roads
For the purpose of notice under this chapter each block or parcel of land required to be separately numbered with a block number in accordance...
New Jersey Statutes 46:24-21 Correction of erroneous entries
In counties adopting local indexes under this chapter where there shall have been an erroneous indexing of any instrument in any such land record office,...
New Jersey Statutes 46:24-22 Purpose and construction of chapter
The provisions of this chapter shall be construed by all courts according to the true intent and purpose thereof, which is declared to be to...
New Jersey Statutes 46:25-1 Neglect of duties; forfeiture; recovery; liability for damages
If any county recording officer shall neglect or refuse to perform any service or duty required of him by this title, or shall give an...
New Jersey Statutes 46:26-1 Fees allowed
The fees of the county recording officers and other officers for entering, filing, recording, registering, indexing, copying and certifying copies of all deeds and instruments...
New Jersey Statutes 46:26A-1 Definitions: document and recorded.
For the purpose of this chapter: a. "Document" includes both: (1) paper documents, and (2) electronic...
New Jersey Statutes 46:26A-2 Documents that may be recorded.
Documents affecting real property entitled to recording are: a. deeds or other conveyances, releases, or declarations of trust of any interest; ...
New Jersey Statutes 46:26A-3 Prerequisites for recording.
46:26A-3. Prerequisites for recording. a. A document satisfies the prerequisites for recording if it appears from the document or the image of...
New Jersey Statutes 46:26A-4 Exceptions to prerequisites to recording.
Notwithstanding the prerequisites to recording in section 26A-3, the following may be recorded: a. documents that establish or evidence a trust under...
New Jersey Statutes 46:26A-5 Form of documents and maps; cover sheet or electronic synopsis.
a. To be accepted for recording, a document or its image shall be either: (1) legibly printed on paper no larger...
New Jersey Statutes 46:26A-6 Duty to record; recording officer's books, methods.
a. The county recording officer shall record any document or map affecting the title to real property located in the county, delivered for recording,...
New Jersey Statutes 46:26A-7 Receipts for documents presented for record.
Upon request, the county recording officer shall: a. furnish a receipt for the document and fees paid; and b. ...
New Jersey Statutes 46:26A-8 Indexes; entries.
a. The county recording officer shall maintain one index of all recorded documents and may make other separate, classified, analytical or combination indexes. ...
New Jersey Statutes 46:26A-9 Sequence of recording.
The county recording officer shall record and index documents in the order received. If two documents affecting the same property are submitted for recording by...
New Jersey Statutes 46:26A-10 Documents filed as provided by other statutes.
When a statute outside of this chapter provides that a document relating to real property be filed rather than recorded: a. requirements...
New Jersey Statutes 46:26A-11 Notices of settlement.
a. A party to a settlement which will convey an interest in real property, a mortgage on real property, or both, or the authorized...
New Jersey Statutes 46:26A-12 Effect of recording.
a. Any recorded document affecting the title to real property is, from the time of recording, notice to all subsequent purchasers, mortgagees and judgment...
New Jersey Statutes 46:26B-1 Definitions.
As used in P.L.2011, c.217 (C.46:26A-1 et al.): "Condominium plan" means a survey of the condominium property in sufficient detail to identify the...
New Jersey Statutes 46:26B-2 Requirements for approval or filing of a map.
a. A map shall not be approved by a proper authority unless it meets the requirements of this section specified for the kind of...
New Jersey Statutes 46:26B-3 Monumentation.
a. A map shall not be approved by a proper authority unless it meets the monumentation requirements of this section specified for the kind...
New Jersey Statutes 46:26B-4 Approval of maps.
a. The proper authority shall approve or disapprove a map within 45 days from its receipt. b. The approval of a...
New Jersey Statutes 46:26B-5 Additional prerequisites to filing.
The county recording officer shall not accept for filing any map, with the exception of a right-of-way parcel map, unless it has endorsed on it...
New Jersey Statutes 46:26B-6 Filing and indexing of maps, fee.
a. The county recording officer shall file a map if an original and a copy of the map are presented for filing, the map...
New Jersey Statutes 46:26B-7 Duplicates of maps in cities having atlases or block maps.
Whenever a map is filed in the office of the county recording officer of land in a municipality that has an atlas, or block map,...
New Jersey Statutes 46:26B-8 Approval and filing of duplicates of filed maps.
Whenever a map has been filed in the office of the county recording officer, and copies of it have been made that differ from the...
New Jersey Statutes 46:26C-1 Regulations.
a. The Division of Archives and Records Management in the Department of State in consultation with the County Clerks and Registers of Deeds and...
New Jersey Statutes 46:26C-2 "Uniform Electronic Transactions Act" superseded.
The provisions of P.L.2011, c.217 (C.46:26A-1 et al.) shall take precedence over any conflicting provisions contained in sections 17 and 18 of the "Uniform Electronic...
New Jersey Statutes 46:26C-3 Review of Document Filing and Recording Fees.
a. Within two years of the effective date of P.L.2011, c.217 (C.46:26A-1 et al.), the Division of Archives and Records Management in the Department...
New Jersey Statutes 46:27-1 Offices of surveyors general
The public office of the surveyor general of the eastern division of the province of New Jersey at Perth Amboy and the public office of...
New Jersey Statutes 46:27-2 Seals of surveyors general
The seal for each of the surveyors general mentioned in section 46:27-1 of this title, devised by the governor and deposited with the respective surveyors...
New Jersey Statutes 46:28-1 Right of mortgagee to possession and recovery of possession
Every chattel mortgage shall vest in the mortgagee or owner thereof the right to the possession of the chattels therein described, so far as the...
New Jersey Statutes 46:28-2 Disposition of chattels when recovered or removal prevented
When mortgaged chattels shall be removed out of the county wherein they were at the time of the execution or delivery of the mortgage thereof,...
New Jersey Statutes 46:28-3 Exceptions to sections 46:28-1 and 46:28-2
Neither section 46:28-1 nor section 46:28-2 of this title shall apply to any vessel, rolling stock of railroads, or to any chattels which, in the...
New Jersey Statutes 46:28-10 Validity of chattel mortgages of railroads and public utilities included in real estate mortgages of such corporations pursuant to s. 46:28-14
Every chattel mortgage included in a mortgage of franchises and real estate pursuant to section 46:28-14 of this Title shall be valid against the creditors...
New Jersey Statutes 46:28-14 Mortgages of personalty included in mortgage of real estate by railroads or public utilities
46:28-14. The provisions of the Uniform Commercial Code, Secured Transactions, N.J.S.12A:9-101 et seq., shall not be taken, construed or held to apply to any mortgage...
New Jersey Statutes 46:30A-1 Unsolicited sending of goods, wares or merchandise
No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares...
New Jersey Statutes 46:30A-2 Definitions
As used in this act, unless the context clearly indicates otherwise: "Demonstrator unit" means any household appliance, not sold or transferred to a consumer since...
New Jersey Statutes 46:30A-3 Sale of household appliance without tag or label as to prior use; exemptions; violations; penalties
No person shall sell, attempt to sell or offer to sell, whether it be by retail, wholesale or by auction, any household appliance other than...
New Jersey Statutes 46:30A-4 Misrepresentation on tag or label; penalty
Any person who affixes a tag or label to a household appliance in accordance with section 2 of this act which misrepresents the status of...
New Jersey Statutes 46:30A-5 Injunction for violations
Whenever it shall appear to the Attorney General or his designee that a person has engaged in, is engaging in or is about to engage...
New Jersey Statutes 46:30A-6 Item cost indicators on cash registers; visibility to customers; exceptions
In any individual business establishment which has one or more cash registers with item cost indicators, said indicators shall at all times remain visible to...
New Jersey Statutes 46:30A-7 Violations; what constitutes
Violations of this act shall include situating the register or stacking merchandise near the register so as to make it impossible or difficult for customers...
New Jersey Statutes 46:30A-8 Violation of act; penalty enforcement
3. The owner or manager of any individual business establishment wherein this act is knowingly violated by said owner or manager shall be liable to...
New Jersey Statutes 46:30B-1 Short title.
46:30B-1. Short title. This chapter shall be known and may be cited as the "Uniform Unclaimed Property Act." L.1989, c.58, s.1; amended 2002,...
New Jersey Statutes 46:30B-2 Construction
46:30B-2. Construction. Except for the provisions of this chapter which apply solely to this jurisdiction, this chapter shall be applied and construed as to effectuate...
New Jersey Statutes 46:30B-3 Foreign transactions.
This chapter does not apply to any property held, due and owing in a foreign country and arising out of a foreign transaction. ...
New Jersey Statutes 46:30B-4 Effect of chapter on duty of holder to report, pay and deliver property under prior law.
46:30B-4. Effect of chapter on duty of holder to report, pay and deliver property under prior law. This chapter does not relieve a holder of...
New Jersey Statutes 46:30B-5 Contents of initial report
46:30B-5. Contents of initial report. The initial report filed under this chapter for property that was not required to be reported before the effective date...
New Jersey Statutes 46:30B-6 Definitions.
46:30B-6. Definitions. As used in this chapter: a. "Administrator" means the Treasurer of the State of New Jersey, any individual...
New Jersey Statutes 46:30B-7 When property presumed abandoned generally.
46:30B-7. When property presumed abandoned generally. Except as otherwise provided by this chapter, all property, including any income or increment derived therefrom, less any lawful...
New Jersey Statutes 46:30B-7.1 Communication between holder and apparent owner.
46:30B-7.1. Communication between holder and apparent owner. Property shall not be presumed abandoned if within the period that the property remains unclaimed the apparent owner...
New Jersey Statutes 46:30B-7.2 Limitation on holder's power to impose charges.
6. Limitation on holder's power to impose charges. A holder may not deduct from the amount due a person who has a legal or...
New Jersey Statutes 46:30B-8 When property payable or distributable
46:30B-8. When property payable or distributable. Property is payable or distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or...
New Jersey Statutes 46:30B-9 When property subject to custody.
46:30B-9. When property subject to custody. Unless otherwise provided in this chapter or by other statute of this State, property is subject to the custody...
New Jersey Statutes 46:30B-10 Further conditions to be satisfied to subject property to custody.
46:30B-10. Further conditions to be satisfied to subject property to custody. To subject property to the custody of this State as unclaimed property, the following...
New Jersey Statutes 46:30B-10.1 Presumption of location
46:30B-10.1. Presumption of location. If the records of a holder show that the property is payable or distributable to a person other than the owner,...
New Jersey Statutes 46:30B-10.2 Presumption of abandonment after issuance.
9. Presumption of abandonment after issuance. A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an...
New Jersey Statutes 46:30B-11 Presumption of abandonment of travelers check.
46:30B-11. Presumption of abandonment of travelers check. Subject to R.S.46:30B-14, any sum payable on a travelers check that has been outstanding for more than three...
New Jersey Statutes 46:30B-12 Presumption of abandonment of money order.
46:30B-12. Presumption of abandonment of money order. Subject to R.S.46:30B-14, any sum payable on a money order or similar written instrument that has been outstanding...
New Jersey Statutes 46:30B-13 Limitation on holder's power to impose service charges.
46:30B-13. Limitation on holder's power to impose service charges. A holder may not deduct from the amount of a travelers check or money order any...
New Jersey Statutes 46:30B-14 Conditions subjecting property to custody of State.
46:30B-14. Conditions subjecting property to custody of State. A sum payable on a travelers check, money order, or similar written instrument, described in R.S.46:30B-11 and...
New Jersey Statutes 46:30B-15 Application of R.S.46:30B-14 in certain cases
46:30B-15. Application of R.S.46:30B-14 in certain cases. Notwithstanding any other provisions of this chapter, R.S.46:30B-14 applies to sums payable on travelers checks, money orders, and...
New Jersey Statutes 46:30B-16 Presumption of abandonment.
46:30B-16. Presumption of abandonment. Any sum payable on a check, draft, or similar instrument, except those subject to R.S.46:30B-11 and R.S.46:30B-12, on which a financial...
New Jersey Statutes 46:30B-17 Limitation on holder's power to impose charges.
46:30B-17. Limitation on holder's power to impose charges. A holder may not deduct from the amount of any instrument subject to R.S.46:30B-16 any charge imposed...
New Jersey Statutes 46:30B-18 Presumption of abandonment.
46:30B-18. Presumption of abandonment. A demand, savings, or time deposit, including a deposit that is automatically renewable, and any funds paid toward the purchase of...
New Jersey Statutes 46:30B-19 Includable in "property"
46:30B-19. Includable in "property." For purposes of R.S.46:30B-18 property includes interest and dividends. Source: New. L.1989, c.58, s.1.
New Jersey Statutes 46:30B-20 Limitation on holder's power to impose charges.
46:30B-20. Limitation on holder's power to impose charges. A holder may not impose with respect to property described in R.S.46:30B-18 any charge due to dormancy...
New Jersey Statutes 46:30B-21 When automatically renewable property is matured.
46:30B-21. When automatically renewable property is matured. Any property described in R.S.46:30B-18 that is automatically renewable is matured for purposes of R.S.46:30B-18 upon the expiration...
New Jersey Statutes 46:30B-22 Presumption of abandonment.
46:30B-22. Presumption of abandonment. Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are presumed...
New Jersey Statutes 46:30B-23 Presumed address of person entitled to funds other than insured or annuitant if address unknown
46:30B-23. Presumed address of person entitled to funds other than insured or annuitant if address unknown. If a person other than the insured or annuitant...
New Jersey Statutes 46:30B-24 Determining maturity of insurance policy or annuity contract.
46:30B-24. Determining maturity of insurance policy or annuity contract. For purposes of this article, a life or endowment insurance policy or annuity contract not matured...
New Jersey Statutes 46:30B-25 Effect of automatic premium loan provision or nonforfeiture provision upon maturity or termination of insurance policy.
46:30B-25. Effect of automatic premium loan provision or nonforfeiture provision upon maturity or termination of insurance policy. For purposes of this article, the application of...
New Jersey Statutes 46:30B-26 Notice to insured or owner of policy of exercise of automatic premium loan or other nonforfeiture provision
46:30B-26. Notice to insured or owner of policy of exercise of automatic premium loan or other nonforfeiture provision. If the laws of this State or...
New Jersey Statutes 46:30B-27 Duty imposed upon company to pay proceeds of insurance or annuity to beneficiary
46:30B-27. Duty imposed upon company to pay proceeds of insurance or annuity to beneficiary. Notwithstanding any other provision of law, if the company learns of...
New Jersey Statutes 46:30B-28 Information to be requested in change of beneficiary form
46:30B-28. Information to be requested in change of beneficiary form. Commencing two years after the effective date of this chapter, every change of beneficiary form...
New Jersey Statutes 46:30B-28.1 Property distributable by insurance company.
20. Property distributable by insurance company. Property distributable in the course of demutualization or related reorganization of an insurance company which remains unclaimed is...
New Jersey Statutes 46:30B-29 Presumption of abandonment
46:30B-29. Presumption of abandonment. A deposit, including any interest thereon, made by a subscriber with a utility to secure payment or any sum paid in...
New Jersey Statutes 46:30B-30 Presumption of abandonment
46:30B-30. Presumption of abandonment. Except to the extent otherwise ordered by a court or an administrative agency, any sum that a business association has been...
New Jersey Statutes 46:30B-31 Presumption of abandonment.
46:30B-31. Presumption of abandonment. Stock or other interest in a business association, including a debt obligation other than a bearer bond or original issue discount...
New Jersey Statutes 46:30B-32 Presumption of abandonment for failure to claim dividend or distribution.
46:30B-32. Presumption of abandonment for failure to claim dividend or distribution. At the expiration of a three- year period following the failure of the owner...
New Jersey Statutes 46:30B-33 When period of abandonment ceases.
46:30B-33. When period of abandonment ceases. The running of the three-year period of abandonment ceases immediately upon the occurrence of a communication referred to in...
New Jersey Statutes 46:30B-34 Items presumed abandoned when interest presumed abandoned.
46:30B-34. Items presumed abandoned when interest presumed abandoned. At the time an interest is presumed abandoned under chapter 30B of Title 46 of the Revised...
New Jersey Statutes 46:30B-36 Presumption of abandonment.
46:30B-36. Presumption of abandonment. Property distributable in the course of a dissolution of a business association which remains unclaimed by the owner for more than...
New Jersey Statutes 46:30B-37 Presumption of abandonment.
46:30B-37. Presumption of abandonment. Property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed...
New Jersey Statutes 46:30B-37.1 Presumption of abandonment: unclaimed estate assets.
46:30B-37.1 Presumption of abandonment: unclaimed estate assets. Except as otherwise provided in this section, property held by a fiduciary as defined in N.J.S.3B:1-1 or an...
New Jersey Statutes 46:30B-37.2 Debt of business association.
28. Debt of business association. The debt of a business association, other than bearer bonds or an original issue discount bond, is presumed abandoned...
New Jersey Statutes 46:30B-38 Funds in retirement account or plan.
46:30B-38. Funds in retirement account or plan. Property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for...
New Jersey Statutes 46:30B-38.1 Funds in non-traditional retirement account or plan.
30. Funds in non-traditional individual retirement account or plan. Property in individual retirement accounts for which no distribution is required under the income tax...
New Jersey Statutes 46:30B-39 When agent deemed to hold property in fiduciary capacity
46:30B-39. When agent deemed to hold property in fiduciary capacity. For the purpose of this article, a person who holds property as an agent for...
New Jersey Statutes 46:30B-40 Fiduciary for business association deemed holder of property
46:30B-40. Fiduciary for business association deemed holder of property. For the purposes of this article, a person who is deemed to hold property in a...
New Jersey Statutes 46:30B-41 Presumption of abandonment: Superior Court and surrogate.
46:30B-41. Presumption of abandonment: Superior Court and surrogate. Property deposited or paid into the Superior Court or to the surrogate of any county in this...
New Jersey Statutes 46:30B-41.1 Presumption of abandonment: minor's funds.
46:30B-41.1. Presumption of abandonment: minor's funds. Property deposited or paid into the Superior Court or to the surrogate of any county of this State for...
New Jersey Statutes 46:30B-41.2 Presumption of abandonment: governmental entity.
46:30B-41.2. Presumption of abandonment: governmental entity. Except as otherwise provided in this article, any property where the obligor is the executive, legislative, or judicial branch...
New Jersey Statutes 46:30B-41.3 Presumption of abandonment; class actions.
34. Presumption of abandonment; class actions. Property received by a court as proceeds of a class action and not distributed pursuant to the judgment...
New Jersey Statutes 46:30B-42 Presumption of abandonment.
46:30B-42. Presumption of abandonment. A credit balance, customer overpayment, security deposit, refund, credit memorandum, unused ticket, or similar instrument that occurs or is issued in...
New Jersey Statutes 46:30B-42.1 Presumption of abandonment of stored value card.
5. a. A stored value card for which there has been no stored value card activity for two years is presumed abandoned. b. ...
New Jersey Statutes 46:30B-43 Amounts presumed abandoned.
46:30B-43. Amounts presumed abandoned. In the case of credit balances, customer overpayments, security deposits, refunds, credit memoranda, unused tickets, or similar instruments, the amount presumed...
New Jersey Statutes 46:30B-43.1 Limitation on holder's power to impose charges.
37. Limitation on holder's power to impose charges. A holder of property subject to R.S.46:30B-42, section 5 of P.L.2010, c.25 (C.46:30B-42.1), and R.S.46:30B-43 shall...
New Jersey Statutes 46:30B-44 Presumption of abandonment
46:30B-44. Presumption of abandonment. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business which remain unclaimed...
New Jersey Statutes 46:30B-45 Presumption of abandonment.
46:30B-45. Presumption of abandonment. All property held in a safe deposit box or any other safekeeping repository in this State in the ordinary course of...
New Jersey Statutes 46:30B-46 Duty of holder to report property presumed abandoned.
46:30B-46. Duty of holder to report property presumed abandoned. A person holding property presumed abandoned and subject to custody as unclaimed property under this chapter...
New Jersey Statutes 46:30B-47 Form and contents of report.
46:30B-47. Form and contents of report. The report shall be verified and shall include: a. Except with respect to travelers checks and...
New Jersey Statutes 46:30B-48 Report by successor holder of property
46:30B-48. Report by successor holder of property. If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to...
New Jersey Statutes 46:30B-49 Time to file report; postponement.
46:30B-49. Time to file report; postponement. The report shall be filed before November 1 of each year as of the preceding June 30, but the...
New Jersey Statutes 46:30B-50 Notice to apparent owner.
46:30B-50. Notice to apparent owner. Not more than 120 days nor less than 60 days before filing the report required by this article, the holder...
New Jersey Statutes 46:30B-50.1 Posting of notice by Superior Court Clerk and surrogate
46:30B-50.1. Posting of notice by Superior Court Clerk and surrogate. In place of the mailed notice required by R.S.46:30B-50, the Clerk of the Superior Court,...
New Jersey Statutes 46:30B-51 Publication of notice by administrator.
46:30B-51. Publication of notice by administrator. The administrator shall cause a notice to be published not later than November 30 of the year next following...
New Jersey Statutes 46:30B-52 Form and contents of notice to be published.
46:30B-52. Form and contents of notice to be published. The published notice shall contain: a. The names in alphabetical order and last...
New Jersey Statutes 46:30B-53 Items which need not be included in published notice.
46:30B-53. Items which need not be included in published notice. The administrator is not required to publish in the notice any items of less than...
New Jersey Statutes 46:30B-54 Blank
L.1989, c.58, s.1.
New Jersey Statutes 46:30B-55 Blank
L.1989, c.58, s.1.
New Jersey Statutes 46:30B-56 Article not applicable to travelers checks or money orders or court deposits
46:30B-56. Article not applicable to travelers checks or money orders or court deposits. This article is not applicable to sums payable on travelers checks, money...
New Jersey Statutes 46:30B-57 Payment or delivery with report.
46:30B-57. Payment or delivery with report. At the time of the filing of the report as established by R.S.46:30B-49, a holder shall pay or deliver...
New Jersey Statutes 46:30B-58 Establishment by owner of right to property before payment or delivery; erroneous presumption of abandonment
46:30B-58. Establishment by owner of right to property before payment or delivery; erroneous presumption of abandonment. If the owner establishes the right to receive the...
New Jersey Statutes 46:30B-59 Payment or delivery of property not included in report
46:30B-59. Payment or delivery of property not included in report. Property reported under Article 17 of this chapter for which the holder is not required...
New Jersey Statutes 46:30B-60 Delivery of duplicate certificates or other evidence of ownership by holder; holder, etc., relieved of liability
46:30B-60. Delivery of duplicate certificates or other evidence of ownership by holder; holder, etc., relieved of liability. The holder of an interest under Article 10...
New Jersey Statutes 46:30B-60.1 Transfer of ownership after delivery with report.
46:30B-60.1. Transfer of ownership after delivery with report. When a certificate or other evidence of ownership, or a bond or other debt security, registered in...
New Jersey Statutes 46:30B-61 Custody by state; holder relieved from liability
46:30B-61. Custody by state; holder relieved from liability. Upon the payment or delivery of property to the administrator, the state assumes custody and responsibility for...
New Jersey Statutes 46:30B-62 Reimbursement of holder paying claim.
46:30B-62. Reimbursement of holder paying claim. A holder who has paid money to the administrator pursuant to this chapter may make payment to any person...
New Jersey Statutes 46:30B-63 Holder reclaiming property for owner
46:30B-63. Holder reclaiming property for owner. A holder who had delivered property (including a certificate of any interest in a business association) other than money...
New Jersey Statutes 46:30B-64 Proof by holder to recover money or property
46:30B-64. Proof by holder to recover money or property. The administrator may accept the holder's affidavit as sufficient and proper under this article. Source: New....
New Jersey Statutes 46:30B-65 Defending and indemnifying holder against claims for property paid or delivered.
46:30B-65. Defending and indemnifying holder against claims for property paid or delivered. If the holder pays or delivers property to the administrator in good faith...
New Jersey Statutes 46:30B-66 "Good faith" defined
46:30B-66. "Good faith" defined. For the purposes of this article, "good faith" means that: a. Payment or delivery was made in a reasonable attempt to...
New Jersey Statutes 46:30B-67 Payment of safe deposit box or repository charges.
46:30B-67. Payment of safe deposit box or repository charges. Property removed from a safe deposit box or other safekeeping repository is received by the administrator...
New Jersey Statutes 46:30B-68 Crediting dividends, interest or other increments to owner's account
46:30B-68. Crediting dividends, interest or other increments to owner's account. Whenever property other than money is paid or delivered to the administrator under this chapter,...
New Jersey Statutes 46:30B-69 Sale of abandoned property
46:30B-69. Sale of abandoned property. Except as provided in R.S.46:30B-70 and R.S.46:30B-71, the administrator shall, within three years after the receipt of abandoned property, sell...
New Jersey Statutes 46:30B-70 Sale price of securities
46:30B-70. Sale price of securities. Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the...
New Jersey Statutes 46:30B-71 Securities to be held one year before sale; exception
46:30B-71. Securities to be held one year before sale; exception. Unless the administrator considers it to be in the best interest of the State to...
New Jersey Statutes 46:30B-72 Securities to be held one year before sale; rights of claimant if securities sold before or after end of one-year period.
46:30B-72. Securities to be held one year before sale; rights of claimant if securities sold before or after end of one-year period. Unless the administrator...
New Jersey Statutes 46:30B-72.1 Sale of tangible property
46:30B-72.1. Sale of tangible property. Regarding the sale of tangible property, such as jewelry and works of art, the administrator shall follow the specifications for...
New Jersey Statutes 46:30B-73 Rights of purchaser of property
46:30B-73. Rights of purchaser of property. The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free...
New Jersey Statutes 46:30B-74 Deposits of funds by administrator; terms defined.
46:30B-74. The administrator shall establish and manage four separate trust funds to be known as the Unclaimed County Deposits Trust Fund, the Unclaimed Child Support...
New Jersey Statutes 46:30B-75 Investment, reinvestment of moneys deposited.
46:30B-75. The administrator shall invest and reinvest all moneys deposited into the Unclaimed Personal Property Trust Fund and the Unclaimed Utility Deposits Trust Fund in...
New Jersey Statutes 46:30B-76 Record to be maintained by administrator.
46:30B-76. Record to be maintained by administrator. Before making any deposit of funds as provided in R.S.46:30B-74, the administrator shall record the name and last...
New Jersey Statutes 46:30B-76.1 Confidentiality of certain records.
46:30B-76.1. Confidentiality of certain records. Any record or information other than name and address is deemed confidential when revealed or delivered to the administrator and...
New Jersey Statutes 46:30B-76.2 Disclosure of confidential information.
46:30B-76.2. Disclosure of confidential information. Confidential information concerning any aspect of unclaimed property shall be disclosed only to an apparent owner or an administrator or...
New Jersey Statutes 46:30B-76.3 Access to confidential information
46:30B-76.3. Access to confidential information. Notwithstanding any other provision of law, upon request of the administrator, all persons and governmental entities in this State shall...
New Jersey Statutes 46:30B-77 Filing claim; another state excluded.
46:30B-77. Filing claim; another state excluded. a. A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may...
New Jersey Statutes 46:30B-78 Time to consider claim; notice of denial.
46:30B-78. Time to consider claim; notice of denial. The administrator shall consider each claim within 120 days after it is filed or, in the case...
New Jersey Statutes 46:30B-79 Payment of claim.
46:30B-79. Payment of claim. If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the...
New Jersey Statutes 46:30B-80 Holder paying claim; interest
46:30B-80. Holder paying claim; interest. Any holder who pays the owner for property that has been delivered to the State and which, if claimed from...
New Jersey Statutes 46:30B-81 Grounds for recovery of property by another state.
46:30B-81. Grounds for recovery of property by another state. After property has been paid or delivered to the administrator under this chapter another state may...
New Jersey Statutes 46:30B-82 Form of claim; allowance.
46:30B-82. Form of claim; allowance. The claim of another state to recover escheated or abandoned property shall be presented in a form prescribed by the...
New Jersey Statutes 46:30B-83 Indemnification
46:30B-83. Indemnification. The administrator shall require a state, before recovering property under this article, to agree to indemnify this State and its officers and employees...
New Jersey Statutes 46:30B-84 Action to establish claim
46:30B-84. Action to establish claim. A person whose claim has been denied by the administrator in whole or in part may appeal the final decision...
New Jersey Statutes 46:30B-85 Administrator may decline to receive property
46:30B-85. Administrator may decline to receive property. The administrator may decline to receive any property reported under this chapter which he considers to have a...
New Jersey Statutes 46:30B-86 Authorization of administrator to assume custody of property prior to presumption of abandonment
46:30B-86. Authorization of administrator to assume custody of property prior to presumption of abandonment. A holder, with the written consent of the administrator and upon...
New Jersey Statutes 46:30B-87 Authority of administrator to destroy or otherwise dispose of property
46:30B-87. Authority of administrator to destroy or otherwise dispose of property. If the administrator determines after investigation that any property delivered under this chapter has...
New Jersey Statutes 46:30B-88 Periods of limitation no bar to presuming property abandoned or duty to report and deliver property
46:30B-88. Periods of limitation no bar to presuming property abandoned or duty to report and deliver property. The expiration, before or after the effective date...
New Jersey Statutes 46:30B-89 Time within which administrator may bring action against holder.
46:30B-89. Time within which administrator may bring action against holder. An action or proceeding may not be commenced by the administrator to enforce chapter 30B...
New Jersey Statutes 46:30B-90 Administrator may require filing of reports.
46:30B-90. Administrator may require filing of reports. The administrator may require any person who has not filed a report, or a person who the administrator...
New Jersey Statutes 46:30B-91 Examination of records by administrator; generally.
46:30B-91. Examination of records by administrator; generally. The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine...
New Jersey Statutes 46:30B-92 Examination of records by administrator; agents and fiduciaries for business association.
46:30B-92. Examination of records by administrator; agents and fiduciaries for business association. If a person is treated under Article 12 of this chapter as the...
New Jersey Statutes 46:30B-93 Assessment of costs for examination.
46:30B-93. Assessment of costs for examination. If an examination of the records of a person results in the disclosure of property reportable and deliverable under...
New Jersey Statutes 46:30B-94 Assessing estimated costs for examination when records are insufficient.
46:30B-94. Assessing estimated costs for examination when records are insufficient. If, after the effective date of P.L.2002, c.35, a holder does not maintain the records...
New Jersey Statutes 46:30B-95 Maintaining records; generally.
46:30B-95. Maintaining records; generally. Every holder required to file a report under Article 17 of this chapter, as to any property for which it has...
New Jersey Statutes 46:30B-96 Maintaining records; travelers checks, money orders, etc.
46:30B-96. Maintaining records; travelers checks, money orders, etc. Any business association that sells in this State its travelers checks, money orders, or other similar written...
New Jersey Statutes 46:30B-96.1 Continuity of records
46:30B-96.1. Continuity of records. Where a holder acquires unclaimed property from another holder, such as in a merger, acquisition, reorganization, consolidation, or transfer, that successor...
New Jersey Statutes 46:30B-97 Enforcement. Actions in Superior Court
46:30B-97. Enforcement. Actions in Superior Court. a. The administrator, for and on behalf of the State of New Jersey, may commence an action, summary or...
New Jersey Statutes 46:30B-97.1 Enforcement. Actions in federal court or courts of other states by administrator
46:30B-97.1. Enforcement. Actions in federal court or courts of other states by administrator. Where no New Jersey court has jurisdiction over the person involved, the...
New Jersey Statutes 46:30B-97.2 Enforcement. Right of administrator to intervene in judicial or administrative proceedings
46:30B-97.2. Enforcement. Right of administrator to intervene in judicial or administrative proceedings. The administrator shall have a right to intervene and participate in any judicial...
New Jersey Statutes 46:30B-97.3 Enforcement. Administrator deemed an indispensable party in judicial or administrative proceedings
46:30B-97.3. Enforcement. Administrator deemed an indispensable party in judicial or administrative proceedings. The administrator shall be deemed an indispensable party to any judicial or administrative...
New Jersey Statutes 46:30B-98 Interstate agreements.
46:30B-98. Interstate agreements. The administrator may enter into agreements with other states to exchange information relating to abandoned property or its possible existence needed to...
New Jersey Statutes 46:30B-99 Consultation by administrator with other states to avoid conflicts as to procedures
46:30B-99. Consultation by administrator with other states to avoid conflicts as to procedures. To avoid conflicts between the administrator's procedures and the procedures of administrators...
New Jersey Statutes 46:30B-100 Joint enforcement
46:30B-100. Joint enforcement. The administrator may join with other states to seek enforcement of the Uniform Unclaimed Property Act against any person who is or...
New Jersey Statutes 46:30B-101 Attorney General may bring action in behalf of another state
46:30B-101. Attorney General may bring action in behalf of another state. At the request of another state, the Attorney General of this State may bring...
New Jersey Statutes 46:30B-102 Action by administrator in another state
46:30B-102. Action by administrator in another state. The administrator may request that the Attorney General of another state or any other person bring an action...
New Jersey Statutes 46:30B-103 Interest payable for failure to pay or deliver property in time
46:30B-103. Interest payable for failure to pay or deliver property in time. A person who fails to pay or deliver property within the time prescribed...
New Jersey Statutes 46:30B-104 Penalty for failure to render report or perform other duties.
46:30B-104. Penalty for failure to render report or perform other duties. Except as otherwise provided in R.S.46:30B-105 or 46:30B-105.1, a holder who fails to report,...
New Jersey Statutes 46:30B-105 Penalty for willful failure to report, pay or deliver property.
46:30B-105. Penalty for willful failure to report, pay or deliver property. A holder who willfully fails to report, pay, or deliver property within the time...
New Jersey Statutes 46:30B-105.1 Penalty for fraudulent report.
46:30B-105.1. Penalty for fraudulent report. A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in R.S.46:30B-103,...
New Jersey Statutes 46:30B-105.2 Calculation of penalty and interest after examination.
For the purpose of assessing and calculating the penalties and interest on unclaimed property discovered during an examination or audit and previously payable or distributable...
New Jersey Statutes 46:30B-105.3 Waiver of penalty and interest.
73. Waiver of penalty and interest. The administrator shall have discretion to waive the payment of penalties and interest or to reduce the amount...
New Jersey Statutes 46:30B-106 Unenforceable agreements
46:30B-106. Unenforceable agreements. All agreements to pay compensation to locate, deliver, recover, or assist in the recovery of property reported under this chapter, made within...
New Jersey Statutes 46:30B-107 Adoption of rules by administrator
46:30B-107. Adoption of rules by administrator. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the administrator may adopt necessary rules to carry...
New Jersey Statutes 46:30B-108 Transfer of funds and assets
46:30B-108. Transfer of funds and assets. Upon the effective date of the chapter, all funds and assets remaining in the trust fund heretofore established pursuant...
New Jersey Statutes 46:30B-109 Statutes repealed
46:30B-109. Statutes repealed. The following are repealed: N.J.S.2A:15-76 to N.J.S.2A:15-85 inclusive; N.J.S.2A:15-86 to N.J.S.2A:15-91 inclusive; N.J.S.2A:37-11 to N.J.S.2A:37-33 inclusive; N.J.S.2A:37-35 and N.J.S.2A:37-36; N.J.S.2A:37-41; N.J.S.2A:37-43 and...
New Jersey Statutes 46:30C-1 Definitions relative to lost, abandoned property.
1. As used in this act: a. "Abandoned property" is property of which the owner has intentionally given up possession under...
New Jersey Statutes 46:30C-2 Assumption of ownership.
2. A finder of abandoned property may assume ownership of it. L.1999,c.331,s.2.
New Jersey Statutes 46:30C-3 Reasonable efforts to return property to owner.
3. A finder of lost property shall make reasonable efforts to return the property to its owner. Reasonable efforts to return the property depend...
New Jersey Statutes 46:30C-4 Claiming of lost property.
4. a. A person may claim lost property only after making reasonable efforts to return the property to its owner. b. If...
New Jersey Statutes 46:30C-5 Inapplicability of act.
5. a. This act does not apply to property: (1) Subject to the provisions of the "Uniform Unclaimed Property Act (1981)" (R.S.46:30B-1...
New Jersey Statutes 46:30D-1 Short title.
1. This act shall be known and may be cited as the "Museum Unclaimed Loan Act." L.2011, c.109, s.1.
New Jersey Statutes 46:30D-2 Findings, declarations relative to unclaimed property on loan to a museum.
2. The Legislature finds and declares that the people of the State of New Jersey have an interest in the maintenance and growth of...
New Jersey Statutes 46:30D-3 Definitions relative to unclaimed property on loan to a museum.
3. As used in this act: "Claimant" means an individual, association, partnership, corporation, trust, estate, or other entity, other than the lender...
New Jersey Statutes 46:30D-4 Notice of intent to terminate a loan of property.
4. a. Unless a written loan agreement specifically provides otherwise, a museum may give notice of its intent to terminate a loan of property under...
New Jersey Statutes 46:30D-5 Notice to lender of intention to terminate a loan of property.
5. a. If a museum intends to terminate a loan of property, the museum shall give notice to the lender of its intention at the...
New Jersey Statutes 46:3D-6 Notice by publication of intent.
6. a. If a museum intends to terminate a loan of property and has been unable to give notice in accordance with section 5 of...
New Jersey Statutes 46:30D-7 Acquisition of good title to property.
7. A museum shall acquire good title to property on loan to the museum under the following circumstances: The museum provides, on...
New Jersey Statutes 46:30D-8 Acquisition of good title by purchaser.
8. a. A person who purchases or otherwise acquires property from a museum acquires good title to the property if the museum has acquired good...
New Jersey Statutes 46:30D-9 Actions by museum relative to loan of property.
9. a. For a loan of property to a museum made on or after the effective date of this act, the museum shall, at the...
New Jersey Statutes 46:30D-10 Notification of change in address, title; proof established by purchaser.
10. a. The lender, or any purchaser, donee, successor, or other assignee of the lender's interest in the property, shall promptly notify the museum in...
New Jersey Statutes 46:30D-11 Agreements between lender and museum; application of act.
11. a. A lender and museum may agree in writing to terms and conditions for a loan of property different than the provisions set forth...
New Jersey Statutes 46:31-1 Sale or exchange of goods from other states prohibited; persons violating disorderly persons; punishment
No goods, wares or merchandise manufactured, mined or produced, wholly or in part outside this state, by convicts or prisoners, except convicts or prisoners on...
New Jersey Statutes 46:31-2 Brand, label or mark required
All goods, wares, and merchandise made by convict labor in any jail, penitentiary, prison, reformatory, or other establishment in this state shall be branded, labeled,...
New Jersey Statutes 46:31-3 Method and place of marking articles
The brand, label or mark required by section 46:31-2 of this title shall contain at the head or top thereof the words "convict made" ,...
New Jersey Statutes 46:31-4 Possession for sale
A person dealing in convict-made goods, wares or merchandise, as described in this chapter, the sale of which is lawful, shall not knowingly have them...
New Jersey Statutes 46:31-5 Violations of chapter; misdemeanor
Any person, firm or corporation violating the provisions of this chapter, except sections 46:31-1 and 46:31-6 of this title, shall be deemed guilty of a...
New Jersey Statutes 46:31-6 Goods made by convicts of other states subject to laws of this state; violators disorderly persons; punishment; procedure
All goods, wares and merchandise manufactured and produced, wholly or in part, outside of this state by convicts or prisoners, except convicts or prisoners on...
New Jersey Statutes 46:33-1 Requisites of contracts, agreements or chattel mortgages; acknowledgment or proof; record; marking of equipment or vehicles; recording fees; mortgages and personal property excepted; laws not applicable
Whenever (a) any railroad or street railway equipment and rolling stock or (b) any motor vehicles or other vehicles for use by any transportation company...
New Jersey Statutes 46:34-1 Contracts must be bona fide
All contracts and agreements between customers and brokers relating to the purchase or sale, either upon credit or margin, of any securities, choses in action,...
New Jersey Statutes 46:34-2 Contract; when effective
All contracts and agreements between customers and brokers respecting the purchase or sale either upon credit or margin of any securities, choses in action or...
New Jersey Statutes 46:34-3 Actions for recovery of money, property or chose in action
No action shall be brought or maintained by any customer or broker for the recovery of any money, property or chose in action of any...
New Jersey Statutes 46:38-13 Short title
This act may be cited as the "New Jersey Uniform Gifts to Minors Act." L. 1963, c. 177, s.1; repealed R.S. 46:38A-57 (effective July 1,
New Jersey Statutes 46:38-14 Definitions
As used in this act: (a) "Adult" means a person 21 years of age or more. (b) "Bank" means a bank, trust company, national banking...
New Jersey Statutes 46:38-15 Gifts to minors
3. An adult may, during his lifetime, make a gift of a security, a life insurance or endowment policy, annuity contract, tangible personal property, interest...
New Jersey Statutes 46:38-16 Custodial gift
A gift made on or after the effective date of this act in a manner prescribed in section 3 of this act is a "custodial...
New Jersey Statutes 46:38-17 Effect of custodial gift
A gift made in the manner prescribed in this act is irrevocable and conveys to the minor an indefeasible vested legal title to the security,...
New Jersey Statutes 46:38-18 Acceptance of custodianship; notice
(a) If a custodial gift includes a security not in registered form the execution by the custodian designee of the acknowledgment of receipt described in...
New Jersey Statutes 46:38-19 Successor custodians; designation
A donor may, at the time of making a custodial gift, designate one or more eligible persons as successor custodians to act as such upon...
New Jersey Statutes 46:38-19.1 Resignation, death or removal of custodian; designation of successor custodian
a. A custodian may, before he renounces, dies, resigns or is removed from office, designate a successor custodian if the donor has failed to designate...
New Jersey Statutes 46:38-20 Acceptance of custodianship by designated successor
A person designated a successor custodian shall be deemed to have accepted the custodianship upon the execution by him and delivery to the person or...
New Jersey Statutes 46:38-20.1 Taking effect of designation of successor custodian
The designation of a successor custodian takes effect as to each item of the custodial property when the custodian resigns, dies or becomes legally incapacitated...
New Jersey Statutes 46:38-21 Persons eligible to be custodians
Only the following persons are eligible to be custodians: the donor of the custodial property, an adult, a guardian of the minor and a trust...
New Jersey Statutes 46:38-22 Authorization of trustee or executor to make gift to minor
An adult may authorize or direct his trustee or executor to make a gift to a minor under this act. If a gift is so...
New Jersey Statutes 46:38-23 Gift to one minor; one person as custodian
Any gift made under this act may be made to only one minor and only one person may be the custodian. L. 1963, c. 177,...
New Jersey Statutes 46:38-24 Placing subject of gift in possession and control of custodian
A donor of a custodial gift shall promptly do all things within his power to put the subject of the gift in the possession and...
New Jersey Statutes 46:38-24.1 Placement of possession and control of custodial property in successor custodian; priority of instruments of designation
A custodian who executes an instrument of designation of his successor containing the custodian's resignation shall promptly do all things within his power to put...
New Jersey Statutes 46:38-25 Rights, duties or authority of guardian with respect to custodial property
A guardian of a minor shall have no right, power, duty or authority with respect to custodial property except as provided in this act. L....
New Jersey Statutes 46:38-26 Combining and treating gifts as single custodial gift; separate administration of gifts
If one person has been designated custodian of 2 or more custodial gifts for the same minor he may combine and treat them for all...
New Jersey Statutes 46:38-27 Custodian; powers, duties
15. (a) The custodian shall collect, hold, manage, invest and reinvest the custodial property. (b) The custodian shall pay over to the minor...
New Jersey Statutes 46:38-28 Reimbursement for expenses; compensation; bond; liability for losses
(a) A custodian is entitled to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties. (b) A custodian...
New Jersey Statutes 46:38-29 Exemption of third persons from liability
An issuer, transfer agent, bank, life insurance company, broker or other person acting on the instructions of or otherwise dealing with any person purporting to...
New Jersey Statutes 46:38-30 Resignation of custodian; procedure
(a) If a successor custodian who is then in being has been designated, the custodian may resign by (1) executing an instrument of resignation, (2)...
New Jersey Statutes 46:38-32 Death, renunciation of custodian
20. Upon the death of a custodian or renunciation of a custodian designee for whom a successor custodian has been designated or provided by law,...
New Jersey Statutes 46:38-33 Requiring custodian to give bond; removal of custodian; transfer of custodial property
Upon application of the donor, the legal representative of a donor, an adult member of the minor's family, a guardian of the minor, or the...
New Jersey Statutes 46:38-34 Accounting by custodian
The court may require or permit the custodian or his legal representative to account incident to any proceeding under this act, or in a separate...
New Jersey Statutes 46:38-35 Delivery of notice
A delivery of a notice to a person under this act may be effected either (a) by personal delivery to the person, (b) by personal...
New Jersey Statutes 46:38-36 Construction of act
(a) This act shall be construed to promote uniformity with similar laws of other States. (b) The methods for making gifts to minors provided by...
New Jersey Statutes 46:38-37 Model act; application and repeal
"An act concerning gifts of securities to minors," approved July 14, 1955 (P.L.1955, c. 139), hereinafter called the "Model Act," shall not apply to any...
New Jersey Statutes 46:38-38 Gifts made under model act
All gifts made before the effective date of this act under the Model Act shall continue to be governed by the Model Act. L.1963, c....
New Jersey Statutes 46:38-39 Gifts authorized or directed to be made under model act
All gifts which were, before the effective date of this act, authorized or directed to be made under the Model Act shall, if made, be...
New Jersey Statutes 46:38-40 Reservation of power
The Legislature reserves the power to amend, supplement and repeal this act. L.1963, c. 177, s. 28; repealed R.S. 46:38A-57 (effective July 1, 2007).
New Jersey Statutes 46:38-41 Provisions severable
29. If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the...
New Jersey Statutes 46:38A-1 Short title
This chapter shall be known and may be cited as the "New Jersey Uniform Transfers to Minors Act." L. 1987, c. 18, s. 1.
New Jersey Statutes 46:38A-2 Definitions
As used in this chapter: a. "Adult" means an individual who has attained the age of 21 years; b. "Broker" means a person lawfully engaged...
New Jersey Statutes 46:38A-3 Scope of chapter
This chapter applies to a transfer referred to in this chapter in a designation under R.S. 46:38A-19 by which the transfer is made if at...
New Jersey Statutes 46:38A-4 Jurisdiction over custodian
A person designated as custodian under this chapter is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship....
New Jersey Statutes 46:38A-5 Choice of law
A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or...
New Jersey Statutes 46:38A-6 Revocable nomination of custodian based upon happening of future event
A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to...
New Jersey Statutes 46:38A-7 When custodianship becomes effective under revocable nomination of custodian
The nomination of a custodian under R.S. 46:38A-6 does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated...
New Jersey Statutes 46:38A-8 Transfer by gift or exercise of power of appointment
A person may, pursuant to R.S. 46:38A-19, make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor...
New Jersey Statutes 46:38A-9 Transfer authorized by will or trust
A personal representative or trustee may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to a custodian for the benefit of a minor as authorized...
New Jersey Statutes 46:38A-10 Transfer under will or trust; transfer to be made to nominated custodian
If the testator or the settlor of a trust has nominated a custodian under R.S. 46:38A-6 to receive the custodial property, the transfer shall be...
New Jersey Statutes 46:38A-11 Transfer under will or trust; custodian not nominated or dead, etc.
If the testator or the settlor under a trust has not nominated a custodian under R.S. 46:38A-6, or all persons so nominated as custodian die...
New Jersey Statutes 46:38A-12 Other transfers by personal representative or trustee
Subject to R.S. 46:38A-14, a personal representative or a trustee may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to another adult or trust company...
New Jersey Statutes 46:38A-13 Transfers by a guardian
Subject to R.S. 46:38A-14, a guardian of a minor may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to another adult or trust company as...
New Jersey Statutes 46:38A-14 Conditions under which certain transfers may be made by a personal representative, trustee or guardian
A transfer may be made under R.S. 46:38A-12 or R.S. 46:38A-13 only if: a. The personal representative, trustee or guardian considers the transfer to be...
New Jersey Statutes 46:38A-15 Transfer by obligor
Subject to R.S. 46:38A-16 and R.S. 46:38A-17, a person not subject to R.S. 46:38A-9 through R.S. 46:38A-11, or R.S. 46:38A-12 through R.S. 46:38A-14, who holds...
New Jersey Statutes 46:38A-16 Transfer by obligor; custodian nominated
If a person having the right to do so under R.S. 46:38A-6 has nominated a custodian under that section to receive custodial property under R.S....
New Jersey Statutes 46:38A-17 Transfer by obligor; custodian not nominated or dead, etc.
If a custodian has not been nominated under R.S. 46:38A-6, or all persons so nominated as custodian to receive custodial property under R.S. 46:38A-15 die...
New Jersey Statutes 46:38A-18 Receipt for custodial property
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter....
New Jersey Statutes 46:38A-19 Manner of creating custodial property and effecting transfer; designation of initial custodian
Custodial property is created and a transfer is made whenever: a. An uncertificated security or a certificated security in registered form is either: (1) Registered...
New Jersey Statutes 46:38A-20 Form of instrument to make certain transfers
An instrument in the following form satisfies the requirements of paragraph (2) of subsection a. and subsection g. of R.S. 46:38A-19: "Transfer Under the New...
New Jersey Statutes 46:38A-21 Control of custodial property
A transferor shall place the custodian in control of the custodial property as soon as practical. L. 1987, c. 18, s. 1.
New Jersey Statutes 46:38A-22 Single custodianship
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by...
New Jersey Statutes 46:38A-23 Validity of transfer
The validity of a transfer made in a manner prescribed in this chapter is not affected by: a. Failure of the transferor to comply with...
New Jersey Statutes 46:38A-24 Transfer deemed irrevocable and vested in minor subject to rights, powers, duties and authority of custodian
A transfer made pursuant to R.S. 46:38A-19 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the...
New Jersey Statutes 46:38A-25 Transfer incorporates all provisions of chapter
By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third...
New Jersey Statutes 46:38A-26 Care of custodial property
A custodian shall: a. Take control of custodial property; b. Register or record title to custodial property if appropriate; and c. Collect, hold, manage, invest,...
New Jersey Statutes 46:38A-27 Duty of care owed by custodian
In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of...
New Jersey Statutes 46:38A-28 Investment or payment of premiums on life insurance or endowment policies by custodian
A custodian may invest in or pay premiums on life insurance or endowment policies on the life of the minor only if the minor or...
New Jersey Statutes 46:38A-29 Custodial property to be kept separate and distinct
A custodian shall, at all times, keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as...
New Jersey Statutes 46:38A-30 Records to be kept by custodian
A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and...
New Jersey Statutes 46:38A-31 Powers of custodian
A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own...
New Jersey Statutes 46:38A-32 Use of custodial property by custodian for benefit of minor
A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers...
New Jersey Statutes 46:38A-33 Application to court for use of custodial property for benefit of minor
On application of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian...
New Jersey Statutes 46:38A-34 Use of custodial property for benefit of minor not to affect obligation to support minor
A delivery, payment, or expenditure under R.S. 46:38A-32 or R.S. 46:38A-33 is in addition to, not in substitution for, and does not affect any obligation...
New Jersey Statutes 46:38A-35 Custodian's expenses
A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. L. 1987, c. 18, s.
New Jersey Statutes 46:38A-36 Custodian's compensation
Except for one who is a transferor under R.S. 46:38A-8, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for...
New Jersey Statutes 46:38A-37 Custodian's bond
Except as provided in R.S. 46:38A-47, a custodian need not give a bond. L. 1987, c. 18, s. 1.
New Jersey Statutes 46:38A-38 Exemption of third person from liability
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make...
New Jersey Statutes 46:38A-39 Liability to third persons generally
A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of...
New Jersey Statutes 46:38A-40 Liability of custodian to third persons
A custodian is not personally liable: a. On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity...
New Jersey Statutes 46:38A-41 Liability of minor to third persons
A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the...
New Jersey Statutes 46:38A-42 Custodian declining to serve, designation of successor custodian
A person nominated under R.S. 46:38A-6 or designated under R.S. 46:38A-19 as custodian may decline to serve by delivering an instrument in writing to the...
New Jersey Statutes 46:38A-43 Designation of successor custodian by custodian
A custodian may, at any time, designate a trust company or an adult other than a transferor under R.S. 46:38A-8 as successor custodian by executing...
New Jersey Statutes 46:38A-44 Resignation of custodian; notice; delivery of custodial property
A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and...
New Jersey Statutes 46:38A-45 Designation successor custodian when custodian is ineligible, dies or becomes incapacitated
If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor custodian and the minor has attained the age of 14...
New Jersey Statutes 46:38A-46 Delivery of custodial property to successor custodian
A custodian who declines to serve under R.S. 46:38A-42 or resigns under R.S. 46:38A-44, or the legal representative of a deceased or incapacitated custodian, as...
New Jersey Statutes 46:38A-47 Removal of custodian; bond
A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the estate or person of the minor,...
New Jersey Statutes 46:38A-48 Accounting by and determination of liability of custodian
A minor who has attained the age of 14 years, the guardian of the estate or person of the minor or legal representative of the...
New Jersey Statutes 46:38A-49 Accounting by predecessor custodian
A successor custodian may apply to the court for an accounting by the predecessor custodian. L. 1987, c. 18, s. 1.
New Jersey Statutes 46:38A-50 Accounting required or permitted by the court
The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to...
New Jersey Statutes 46:38A-51 Accounting and order for delivery of custodial property upon removal of custodian
If a custodian is removed under R.S. 46:38A-47, the court shall require an accounting and order delivery of the custodial property and records to the...
New Jersey Statutes 46:38A-52 Termination of custodianship
The custodian shall, in an appropriate manner, transfer the custodial property to the minor or to the minor's estate upon the earlier of: a. The...
New Jersey Statutes 46:38A-53 Applicability of chapter
This chapter applies to a transfer within the scope of R.S. 46:38A-3, R.S. 46:38A-4 and R.S. 46:38A-5 made after its effective date if: a. The...
New Jersey Statutes 46:38A-54 Validation of certain transfers
Any transfer of custodial property as now defined in this chapter made before the effective date of this chapter is validated, notwithstanding that there was...
New Jersey Statutes 46:38A-55 Construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter...
New Jersey Statutes 46:38A-56 Reservation of power
The Legislature reserves the power to amend, supplement or repeal this chapter. L. 1987, c. 18, s. 1.
New Jersey Statutes 46:38A-57 Laws repealed
The following are repealed effective July 1, 2007: P.L. 1963, c. 177, ss. 1 through 18 inclusive, 20 through 24 inclusive, 26 through 29 inclusive...
New Jersey Statutes 46:39-1 Rental by two or more acting as co-executors, co-administrators, co-guardians, co-trustees, co-receivers; accessibility
When a safe-deposit box or other receptacle for the safekeeping of personal property is rented to two or more persons acting as co-executors, co-administrators, co-guardians,...
New Jersey Statutes 46:39-2 Rental by one acting as sole executor, etc.; accessibility by authorized agent
When a safe-deposit box or other receptacle for the safekeeping of personal property is rented to a person acting as sole executor, administrator, guardian, trustee...
New Jersey Statutes 46:39-3 Rental by minors; appointment of minor as agent for access to box
A minor may rent a safe-deposit box or other receptacle for the safekeeping of personal property, or be designated in writing as an agent to...
New Jersey Statutes 46:39-4 Death or incapacity of lessee who has appointed agent; effect; "person" defined
The death or incompetency of a person to whom a safe-deposit box or other receptacle for the safekeeping of personal property has been rented, and...
New Jersey Statutes 46:39-5 Applicability
This act shall apply to all corporations authorized by law to keep, maintain and rent out for hire safe-deposit boxes or other receptacles for the...
New Jersey Statutes 46:39-6 Provisions of any will, codicil, trust instrument, order, decree or judgment not superseded
Nothing in this act shall supersede the provisions of any will, codicil, trust instrument, order, decree or judgment prescribing the powers of the persons, if...

Last modified: February 14, 2012

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