NJ property deed

As a property owner in NJ, you own a property deed, a legal document that proves your right to the property. 

In fact, if you are thinking of transferring the real estate title of the property to another individual, you need this document to do so. For this, it is advisable to first enlist the help of our New Jersey real estate attorney.

Everything you should know About a NJ Property Deed In 2025

A New Jersey property deed is a written and signed legal document that serves as proof of your rights to the property. This document includes the following information:

• Property Descriptions,
• Name of the buyer and seller, and
• Date of transfer. 

It should be noted that a deed must be recorded for it to be valid in NJ and certain additional information must be set forth. 

Contact us to discuss the key elements of a successful transfer.

Requirements that must be met in a property deed in NJ

An effective and registrable deed must meet the following requirements:

• It must be written in English or have an English translation.
• Clearly identify the grantor/grantee.
• Be signed by the grantor with their name printed below, in accordance with the provisions of NJSA 46:26A-3(a)(2) and (4).
• Be notarized.
• Include the name and mailing address of the beneficiary.
• Indicate the name of the person who prepared the deed.
• Specify the consideration or sales price for the transfer.
• Contain the lot and block number, or clarify if they are not available.
• Include a legal description of the property, which may be a surveyor’s description of the boundaries and metes or the property account number.
• Describe the nature of the interest transferred, that is, the rights acquired by the transferee.

Can I prepare my own deed in NJ? 

In New Jersey, grantors may prepare their own deed, but only a state-licensed attorney may prepare it for another individual. 

Although it is often said that a real estate agent or title company will prepare the deed, in reality, they typically have an attorney prepare the deed in New Jersey. 

Types of Property Deeds in New Jersey

In New Jersey, there are several types of property deeds, each with specific characteristics and purposes. 

The most common types and their particularities are described below:

Bargain and Sale Deed

This is the most common type of deed used to transfer real estate. 

Typically, it should include a clause ensuring that the property will not be affected by any act of the seller during their period of ownership. 

Special Warranty Deeds and General Warranty Deeds

These deeds differ in the following:

• General warranty: Protects the title against claims by any individual.
• Special warranty: Only protects against claims arising during the grantor’s ownership.

Sheriff’s Deed

This deed transfers ownership rights from a court-ordered sale, usually due to a foreclosure. 

It also usually does not offer warranties, so it is crucial to obtain a title report before the property is auctioned.

Quit Claim Deed

A quitclaim deed in New Jersey transfers the seller’s interest in a property without making any guarantees about the type of interest transferred or whether any interest exists at all. 

It generally provides less protection than a bill of sale and can cause confusion in the chain of title.

Deed in Lieu of Foreclosure

To avoid foreclosure, the borrower voluntarily transfers all rights to the property to the mortgage lender.

Cooperative Deeds

Cooperative ownership in New Jersey requires a master deed that is amended as property interests change.

Deed of Dedication

Dedication is a gift of real property to a government for public use. This gift may be made by any clear act showing the donor’s intent.

Although a deed is not required, having one can provide greater clarity. In such a deed, the beneficiary is the government agency and the phrase, “For public use,” is often included.

Deed of Correction

A correction deed is used to correct clerical or simple errors. For example: 

• Misspelled names, 
• Incorrect property addresses, or 
• Errors in language. 

To do this, these writings must specify the error and how it is corrected.

Deed of confirmation

A confirmation deed is used to validate a deed that has a legal deficiency. These deeds must detail the defect and how it is corrected.

They can generally be used to address capacity issues, such as when the grantor is not yet of legal age to sign the deed.

How do I get a copy of a deed in NJ?

To obtain a copy of a deed in New Jersey, you can perform a New Jersey property title search online from your county clerk at US Land Records.

You can then print a copy for free. Payments are currently accepted via various methods.

Are deeds public records in New Jersey?

Deeds are public records in New Jersey. In fact, the Records Room at the County Clerk’s Office is open to the public, where documents such as deeds, mortgages, liens and others can be accessed.

Who records deeds in New Jersey? 

The New Jersey Department of State is responsible for recording property deeds.

New Jersey Deed Requirements in 2025

A New Jersey deed of ownership must comply with the following New Jersey frauds statutes to transfer ownership:

NJSA 25:1-11(a)(1)

The deed is effective for the transfer of property when it is established in writing:

• A real estate description or legal description,
• Transfer events.
• Nature of the interest, such as tenants in common, joint tenants, or fee simple,
• Identity of the grantor and the grantee.
• Signature of the transferor or on their behalf.

NJSA 25:1-11(a)(2)

If the deed has not met the written requirements, the transfer of ownership is valid if the grantor:

• Placed the transferee in possession of the property as a result of the transaction, and
• The grantee paid all or part of the consideration for the transfer, or reasonably relied on the transfer. 

NJSA 25:1-13(b)

If the above two requirements are not met, a transfer may be enforceable as an agreement if one of the parties can show with clear and convincing evidence:

• An adequate description of the real estate that allows its identification,
• The interest rate to be transferred,
• The existence of an agreement,
• Identity of the grantor and the grantee.

Other requirements for deeds in New Jersey

In addition to the above, the following criteria must be considered:

Competence

Grantors must be 18 years of age and have the mental capacity to reasonably know and understand the transaction.

Transfer time

Ownership is transferred when the following conditions are met:

• The grantor grants and delivers the deed to the grantee,
• The grantee accepts the deed and,
• The corresponding intentions to deliver and accept are held.

Incorporation by reference

The requirements for the description may be met by referring to another registered document describing the property.

Requirements for Preparing and Recording a Property Deed in NJ

For the correct preparation and registration of a deed, it is important to follow these requirements:

• Black and legible handwriting: Writing must be clear and easily legible.
• Signature in blue ink: It is recommended to sign in blue ink.
• Seller Name: Must appear on the first page.
• Name and address of the buyer: Must be complete and on the first page.
• Matching mortgage documents: If purchasing with a mortgage, names and addresses must match mortgage documents.
• Transfer date: Must be printed or handwritten on the first page.
• Amount of consideration: Must be on the first page.
• Preparer’s name: Must be printed on the first page.
• Property identification numbers: Must be on the first page.
• Title acquisition information: Must indicate how the current owners obtained title to the property and provide information from the previous deed record.
• Property description: It should be sufficient to clearly identify it.
• Notarized signature: The deed must be signed in the presence of a notary public.
• Certification of the amount of consideration: Must be included.
• Mailing to county clerk: The original deed must be sent with the appropriate recording fee.

Drafting and Reviewing Contracts by an attorney

An attorney can adjust real estate contracts to meet the client’s needs and ensure fair treatment. Common modifications include:

• Earnest money: This is the money that the buyers deposit at the beginning of the transaction, demonstrating their intention to complete the purchase.
• Inspection period: During a New Jersey home inspection, attorneys draft the contract to limit the inspection to functional defects.
• Appraisal contingency: Allows you to renegotiate or cancel the contract if the property is valued below market value. Attorneys can remove or limit these contingencies from real estate appraisals in New Jersey .
• Marketable title: These are property purchases free of liens, third-party claims, code violations, or disputes.
• Legal compliance: Ensures contracts and sales comply with New Jersey laws, such as the Fair Foreclosure Act.

“Race Notice” and the New Jersey Recording Act

A valid deed transfers ownership, but validity alone does not guarantee the transferee protection against future claims.

To ensure full protection against future claims, deeds must be recorded under the New Jersey Recording Law.

This is done by filing copies in the county where the property is located.

Registered documents take priority over any previously existing unregistered documents.

Priority Generally

New Jersey is a Race Notice state. Therefore, priority in ownership claims is given to the first document recorded. 

This means that if 2 parties compete for ownership, the interest of the party who first records the instrument will prevail, provided that he has no knowledge of the prior claim.

For example, if a property owner sells his property to one buyer and does not record the deed, and then sells the same property to a second buyer who does record his deed, the second buyer will be considered the owner.

New Jersey Recording Act

The New Jersey Recording Act establishes standards for notice and priorities in property records. 

Its purpose is to ensure that documents affecting title are registered, allowing buyers to rely on the title. It should be noted that priority is given to the first deeds registered.

What Types of Clauses Exist for a Property Deed in NJ?

Current provisions apply to collateral at the time of transfer. In New Jersey, the following provisions apply:

• Against grantor’s acts. The grantor must not have taken any action to encumber the title.
• Covenant of seizing. The grantor must have absolute and unattachable assets at the time of the transfer with the grantee.
• Covenant of right to convey. The grantor has a good right, full power and absolute authority to transfer the title of the property with the deed.
• Freedom from encumbrances. The property being transferred must be free of any prior mortgages, judgments, foreclosures, and any other encumbrances. 
• For the general guarantee. The grantor promises to guarantee and defend the transferred property against all kinds of claims before the grantee, heirs and representatives.
• Quiet possession. Grantees and their heirs shall hold and possess the property without legal claim or interruption against the grantee’s title.
• Covenant of further assurances. Grantors must perform necessary acts or deeds after the transfer to ensure that the property is transferred as intended. 

Considerations in New Jersey Property Deeds

Below we will explain some points to keep in mind about property deeds in the Garden State:

 Estoppel by deed

Grantors who transfer property to another cannot claim title to that property.

Covenant violation

If an assignor breaches the clause, the assignee has the option of rescinding the transfer or suing for monetary damages, fraud, or breach. 

Merger of the deed

Title clauses in a deed that has been accepted will override and replace clauses in the sales contract. 

Forms of ownership

These may be due to marital relationships, transfers in the event of death, number of owners, and restrictions on use. 

What restrictions are there beyond the deed?

When purchasing a property, it is key to conduct thorough research as many restrictions do not appear in the deed. 

For example, the rules of homeowners associations, condominiums, cooperatives, and lease agreements may impose strict limitations. 

These restrictions may affect your right of use and future purchase or sale transactions. 

What should I do if my property deed has not been recorded in NJ?

If your property deed has not been registered, we recommend that you follow these steps:

1. Contact your attorney or your New Jersey title insurance company immediately so they can take the necessary steps.
2. Notify your mortgage lender of the situation as they may be able to assist you in recording the deed.
3. Confirm whether your deed has been registered. Detecting any problems before they become serious can save you money and a lot of inconvenience.
4. Please contact your attorney, title insurance agent or real estate broker for additional information and assistance.

How can I find out if the title deed has already been registered?

To verify if your deed was recorded, contact your attorney or escrow agent and request a copy of the recording page of your deed. 

This page will indicate the date of the record and the corresponding volume and page number. Additionally, many counties offer free access to real estate records online.

How do I find my property records in New Jersey? 

Deed records can usually be obtained from the county clerk, recorder, auditor, or state register of deeds. These offices allow you to search for a record online.

Is it mandatory to have a recorded property deed in NJ?

In New Jersey, it is mandatory to record a deed of ownership. This ensures that ownership is recognized and ensures priority for debts or claims, thus protecting legal rights to the property.

What happens if a property deed is not registered?

If a deed is not recorded, you will not be able to sell a house in New Jersey, refinance a home, or obtain a home equity line of credit (HELOC). 

Additionally, you risk losing the property if the seller transfers it to another individual or if liens and judgments are filed against the property for the seller’s debts. 

There is also a risk that the seller may fraudulently obtain a mortgage against their property.

What Can Curbelo Law Do For You On A NJ Property Deed?

As we have seen, property deeds should be done by a real estate attorney (unless you represent yourself). In addition, having an attorney by your side will help you avoid mistakes before it is too late, or simply fix them.

Our attorney Carolina T. Curbelo has more than 10 years of experience helping individuals and companies in purchase and sale procedures in the Garden State.

The advice of an attorney can be crucial in researching all the necessary requirements for the real estate agreement, drafting the deed, and representing you during the closing process. 

Call Curbelo Law Firm or schedule an appointment at the Ridgewood, New Jersey office.