A New Jersey deed is a legal document executed by a grantor (seller) to transfer ownership of real property to a grantee (buyer). A deed denotes a property’s current title holder while conveying any title assurances and covenants the grantor provides. Under a general warranty deed, the grantee is assured the property has no encumbrances (e.g., liens, mortgages) and is therefore protected in the event of title issues down the line. However, with a quit claim deed, the grantee is transferred property with no title assurances whatsoever (standard when transferring property between family members).
General Warranty Deed – Includes a covenant (warranty) from that grantor that the title is unencumbered and will forever be protected against claims brought upon the grantor and any former owner.
Quit Claim Deed – A deed that makes no assurances as to the quality of the property title or the validity of the grantor’s ownership.
Special Warranty Deed – Functions like a general warranty deed, but only guarantees that the title is free of encumbrances originating from the grantor’s ownership.
- Statutes: Title 46, Ch. 46:4 & Ch. 46:5
- Formatting: § 46:26A-5 & § 46:26A-3
- Signing Requirements (§ 46:26A-3): Notary Public
- Where to Record: County Clerk
- Recording Fees (§ 22A:4-4.1 & § 22A:4-17):
- Cover Sheet (§ 46:26A-5): Obtained from the clerk’s office in the county where the property lies (see Camden County cover sheet). A cover sheet may not be required in all counties.
- Seller’s Residency Certification/Exemption: Needed if the grantor is a New Jersey resident and will continue to reside in New Jersey after transferring ownership.
- Nonresident Seller’s Tax Declaration: Needed if the grantor resides in a state other than New Jersey.