Bill Text: NJ A3508 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires deeds to include description of property based on survey completed within five years when it is presented for recording.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-11-22 - Introduced, Referred to Assembly Housing and Local Government Committee [A3508 Detail]
Download: New_Jersey-2010-A3508-Introduced.html
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Requires deeds to include description of property based on survey completed within five years when it is presented for recording.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prerequisites to recording deeds conveying real property and amending R.S.46:15-1.1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.46:15-1.1 is amended to read as follows:
46:15-1.1. Prerequisites to recordation. a. Any instrument affecting title to or interest in real estate or containing any agreement in relation to real estate in this State shall be recorded on presentation to the recording officer of any county in which all or part of the real estate is located, if it appears that:
(1) the instrument is in English or accompanied by a translation into English;
(2) the instrument bears a signature;
(3) the instrument is acknowledged or proved in the manner provided by this title;
(4) the names appear typed, printed or stamped beneath the signatures of any parties to the instrument and the officer before whom it was acknowledged or proved;
(5) any required recordation fee is paid; and
(6) if the instrument is a deed conveying real property, (a) it fulfills the requirements of P.L.1968, c.49, s.2 (C.46:15-6), (b) it includes the name and signature of its preparer on its first page [and], (c) it includes a reference to the lot and block number of the property conveyed as designated on the tax map of the municipality at the time of the conveyance or the account number of the property, and (d) it includes a description of the property prepared in accordance with a survey completed by a licensed land surveyor within five years of the date of presentment in accordance with the minimum survey detail requirements promulgated by the State Board of Professional Engineers and Land Surveyors. If the property has been subdivided, the reference shall be preceded by the words "part of." If no lot and block or account number has been assigned to the property, the deed shall state that fact.
b. An instrument, to be entitled to recordation, whether made by an individual or by a corporation or other entity, is not required to be executed under seal, or to contain words referring to execution under seal.
(cf: P.L.1991, c.308, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill provides that in order for a deed conveying real property to be accepted for recording by a county recording officer, the deed would have to include a description of the property prepared in accordance with a survey completed by a licensed land surveyor within five years of the date of presentment in accordance with the minimum survey detail requirements promulgated by the State Board of Professional Engineers and Land Surveyors.
