reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-2 - Documents that may be recorded.

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;
b. powers of attorney for conveyance or release of any interest;
c. leases, or memoranda of leases, for life or a term not less than two years;
d. mortgages or other conveyances in the nature of a mortgage;
e. liens or encumbrances and releases of liens or encumbrances on any interest;
f. assignments, discharges, cancellations, or releases;
g. options and rights of first refusal;
h. certified copies of judgments, decrees and orders of courts of record;
i. reports of condemnation commissioners filed with the Superior Court; declarations of taking duly executed by executive officials of condemnors in accordance with section 17 of P.L.1971, c.361 (C.20:3-17);
j. notices of federal tax liens, 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 seq.), and other federal liens, which any Act of Congress or regulation adopted pursuant to it provides for filing of notice in the recording office designated by a state, and certificates discharging such liens;
k. restrictions affecting the real property or its use;
l. notices of settlement as provided by this chapter;
m. maps as provided by this chapter;
n. condominium master deeds and unit deeds as defined by law;
o. cooperative master declarations and proprietary leases as defined by law;
p. any other document that affects title to any interest in real property in any way or contains any agreement in relation to real property, or grants any right or interest in real property or grants any lien on real property; and
q. any other document relating to real property that is directed to be recorded by any statute or court order.
Source: 46:16-1.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 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 it delivered to the recording office that:
(1) the document is in English or accompanied by a translation into English;
(2) the document bears a signature;
(3) the document (including a corrected document submitted for re-recording) is acknowledged or proved as provided by Title 46 of the Revised Statutes;
(4) the names are printed beneath all signatures that appear on the document;
(5) if the document is a deed conveying title to real property, it
(a) fulfills the requirements of section 2 of P.L.1968, c.49 (C.46:15-6),
(b) includes a reference to the lot and block number of the real property conveyed as designated on the tax map of the municipality at the time of the conveyance or the account number of the real property,
(c) includes the name of the person who prepared the deed, and
(d) includes the mailing address of the grantee. If the real 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 real property, the deed shall state that fact, and
(6) if the document is an assignment, release or satisfaction of a mortgage or an agreement respecting a mortgage, it states the book and page number or the document identifying number of the mortgage to which it relates if the mortgage has been given such a number.
b. A document, whether made by an individual, corporation or other entity, is not required to be executed under seal, or to contain words referring to execution under seal.
Source: 46:15-1.1; 46:18-1.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-4 - Exceptions to prerequisites to recording.

46:26A-4. Exceptions to prerequisites to recording.
Notwithstanding the prerequisites to recording in N.J.S.46:26A-3, the following may be recorded:
a. documents that establish or evidence a trust under which a fiduciary has acquired real property if accompanied by an affidavit of the fiduciary that the document is an original trust document;
b. ancient documents that cannot be acknowledged or proved because of the death or other disability of the grantors and subscribing witnesses, accompanied by an affidavit made by a person claiming to derive title from the document stating that the affiant truly believes that quiet, continuous, adverse and undisturbed possession of the real property has been enjoyed by virtue of the document for the period applicable for adverse possession;
c. documents other than those listed in N.J.S.46:26A-2 that by their nature cannot be acknowledged or proved, accompanied by an affidavit made by a person claiming to derive title to the real property stating that the document is genuine and how the document relates to title to the real property;
d. notices of federal tax liens, 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 seq.), and other federal liens, which any Act of Congress or regulation adopted pursuant to it provides for filing of notice in the recording office designated by a state, and certificates discharging such liens;
e. maps as provided by P.L.2011, c.217 (N.J.S.46:26A-1 et al.);
f. notices of settlement executed by an attorney at law or authorized representative of a party in accordance with P.L.2011, c.217 (N.J.S.46:26A-1 et al.);
g. certified copies of:
(1) judgments, decrees, or orders of any court of record and petitions filed in a United States Bankruptcy Court;
(2) government issued documents affecting title to real property, including declarations of takings duly executed by executive officials of condemnors in accordance with section 17 of P.L.1971, c.361 (C.20:3-17);
(3) documents recorded or filed in any public recording office in the United States;
h. a recorded mortgage bearing an endorsement:
(1) authorizing cancellation of the mortgage signed by the mortgage holder; and
(2) made on the original mortgage that bears on it the receipt given by the county recording officer at the time it was recorded; and
i. any other document that is permitted by another statute to be recorded or filed without acknowledgment.
Source: 46:16-1.1; 46:16-4.1; 46:16-4.2; 46:16-4.3; 46:16-5.1; 46:16-7; 46:16-9; 46:16-10; 46:16-13; 46:16-14.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-6 - Duty to record; recording officer's books, methods.

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, provided the document:
(1) is in the form required by P.L.2011, c.217 (N.J.S.46:26A-1 et al.),
(2) appears to comply with requirements for recording specified in P.L.2011, c.217 (N.J.S.46:26A-1 et al.), and
(3) is accompanied by payment of any required fee and any state tax, if applicable, except that a State agency shall be afforded an opportunity to pay on a periodic basis on an account established with the county recording officer.
b. Every document or map shall be recorded and indexed not later than two business days after its receipt.
c. A document or map that is rejected shall be returned to the person who delivered it for recording with a statement of all grounds for its rejection within three business days after its receipt.
d. When a document is recorded, a book and page number or other permanent, unique document identifying number shall be assigned to the document.
e. Recording shall be done by a method that:
(1) produces a clear, accurate and permanent image of a document,
(2) allows the document to be found by use of the indexes maintained, and
(3) is authorized by R.S.47:1-5 and is in conformance with rules, standards and procedures promulgated by the Division of Archives and Records Management in the Department of State and approved by the State Records Committee pursuant to its authority under section 6 of P.L.1994, c.140 (C.47:1-12) and the "Destruction of Public Records Law (1953)," P.L.1953, c.410 (C.47:3-15 et seq.); provided, however, that the Division of Archives and Records Management and the State Records Committee shall establish rules, standards, and procedures for recording in conjunction and collaboration with the county recording officers.
f. For documents recorded before the effective date of P.L.2011, c.217 (N.J.S.46:26A-1 et al.), the recording office shall:
(1) retain the documents or clear, accurate and permanent images of the documents, and
(2) maintain indexes that allow the documents to be found.
g. The Division of Archives and Records Management and the State Records Committee shall consult with the Office of Telecommunications and Information Systems in the Department of the Treasury in the development of general technical standards for record keeping. Notwithstanding any general technical standards developed pursuant to this section, the State Records Committee may adopt rules and regulations to authorize pilot programs for various individual counties in order to evaluate alternative technologies for the preservation of records.
h. When a discharge, assignment, extension or postponement of a mortgage is recorded, the recording officer may make a marginal notation on the mortgage affected indicating the book and page number or document identifying number of the discharge, assignment, extension or postponement.
Source: 46:19-1; 46:19-3; 46:8D-4.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-7 - Receipts for documents presented for recording.

46:26A-7. Receipts for documents presented for recording.
Upon request, the county recording officer shall:
a. furnish a receipt for the document and fees paid; and
b. return a copy of the document with the date and time it was received for recording, the fee paid, and the book and page number or other permanent, unique document identifying number assigned to the document. If the copy returned is a paper document, the information shall be endorsed on the document. If the copy returned is an electronic document, then the receipt shall be sent electronically.
Source: 46:19-4; 46:19-5.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-8 - Indexes; entries.

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.
b. A deed or other conveyance shall be indexed by the names of its grantors and grantees, and also shall be indexed by the name of:
(1) the testator or intestate if a deed or other conveyance is made by executors or administrators;
(2) the person granting the power of attorney if a deed is made under power of attorney;
(3) the defendants in the execution for which the sale was made if a deed is made by a sheriff; and
(4) the person whose property has been conveyed if a deed is made by a person appointed to convey property by a court.
c. A mortgage shall be indexed by the names of the mortgagors and mortgagees.
d. An assignment, extension, postponement, modification or discharge of a mortgage shall be indexed by the names of the mortgagors, assignors and assignees.
e. A trust instrument shall be indexed by the names of the parties to the instrument and in the names of beneficiaries if they appear.
f. Any other document shall be indexed by the names of the parties to it.
g. A document shall also be indexed by additional names requested by the person submitting the document for recording if an affidavit is presented at the time the document is presented for recording attesting to facts establishing the specific relationship of the names to the document submitted and the need for indexing the document by the additional names supplied.
h. A document shall be indexed from the information supplied on its cover sheet or electronic synopsis if one is submitted. A recording officer shall not be liable for differences between the cover sheet or electronic synopsis and the document.
i. If a law requires a notation be placed on or in the margin of any recorded or filed document, the statutory requirement for marginal notations shall be satisfied by recording and indexing the document.
Source: 46:20-1; 46:20-3; 46:20-5; 46:19-2.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-9 - Sequence of recording.

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 the same person and are received at the same time, the county recording officer shall record and index the documents in the order requested by the person who submitted them.
Source: New; 46:19-3; 46:20-2.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-10 - Documents filed as provided by other 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 for the form and content of the document shall be those established by the statute outside of this chapter;
b. the document shall be recorded with all other documents affecting real property using the method established by subsection e. of N.J.S.46:26A-6 of this chapter; and
c. the document shall be indexed with all other documents affecting real property as provided by N.J.S.46:26A-8 of this chapter.
Source: New.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-11 - Notices of settlement.

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 representative of a party or a licensed title insurance producer, may execute a document titled "notice of settlement" and record it in the county recording office of the county in which the real property is located. The county recording officer may charge a fee not to exceed the fee charged for the recording of notices of federal tax liens.
b. The notice of settlement shall be signed by a party to the settlement or a party's authorized representative and shall state the names of the parties to the settlement and a description of the real property. If the notice is executed by anyone other than an attorney at law of this State, the execution shall be acknowledged or proved in the manner of acknowledgment or proof of deeds.
c. A notice of settlement shall be in substantially the following form:
Name ...............................)
Address ............................)
(Seller or Mortgagor) NOTICE OF SETTLEMENT
Name ...............................)
Address ............................)
(Purchaser or Mortgagee)
NOTICE is hereby given of a .............................(contract, agreement or mortgage commitment) between the parties.
THE lands to be affected are described as follows:
Premises in the ........ of ........, (municipality) County of .............. and State of New Jersey, commonly known as .............................................. (street address) and more particularly described as follows:
(legal description)
Name of party or authorized representative ...............................
Address .............................................................
(acknowledgment)
d. A notice of settlement shall be effective for 60 days from the date of recording, unless it is terminated by the recording of a "discharge of notice of settlement." The effective period of a notice of settlement may be extended for one period of 60 days by recording an additional notice of settlement before the expiration or discharge of the notice of settlement.
e. A discharge of notice of settlement shall be substantially in the form prescribed for a notice of settlement and shall be recorded by the party or authorized representative who recorded the notice of settlement. The recording officer shall record and index each discharge in the same fashion as a notice of settlement.
f. Any person who claims an interest in or lien on the real property described in the notice of settlement arising during the time that a notice of settlement is effective shall be deemed to have acquired the interest or lien with knowledge of the anticipated settlement and shall be subject to the estate or interest created by the deed or mortgage described in the notice of settlement provided the deed or mortgage is recorded within the time that the notice is effective.
Source: 46:16A-1 through 46:16A-5.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26A-12 - Effect of recording.

46:26A-12. Effect of recording.
46:26A-12 a. Notwithstanding the provisions of P.L.2021, c.371 (C.47:1B-1 et al.), any recorded document affecting the title to real property is, from the time of recording, notice to all subsequent purchasers, mortgagees and judgment creditors of the execution of the document recorded and its contents.
b. A claim under a recorded document affecting the title to real property shall not be subject to the effect of a document that was later recorded or was not recorded unless the claimant was on notice of the later recorded or unrecorded document.
c. A deed or other conveyance of an interest in real property shall be of no effect against subsequent judgment creditors without notice, and against subsequent bona fide purchasers and mortgagees for valuable consideration without notice and whose conveyance or mortgage is recorded, unless that conveyance is evidenced by a document that is first recorded.
L.2011, c.217, s.1; amended 2021, c.371, s.9.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26B-1 - Definitions.

46:26B-1. Definitions.
As used in P.L.2011, c.217 (N.J.S.46:26A-1 et al.):
"Condominium plan" means a survey of the condominium property in sufficient detail to identify the location and dimensions of units and common elements, which shall be filed in accordance with the requirements of section 3 of P.L.1960, c.141 (C.46:23-9.11). A condominium plan shall bear a certification by a land surveyor, professional engineer or architect authorized to practice in this State that the plan is a correct representation of the improvements described.
"Entire tract" means all of the property that is being subdivided including lands remaining after subdivision.
"General property parcel map" means a right of way parcel map showing a group of parcel and easement acquisitions for part of a highway or street project.
"Land Surveyor" means a person who is legally authorized to practice land surveying in this State as provided by P.L.1938, c.342 (C.45:8-27 et seq.).
"Map" includes a map, plat, condominium plan, right of way parcel maps of the State, county or municipality, chart, or survey of lands presented for approval to a proper authority or presented for filing as provided by P.L.2011, c.217 (N.J.S.46:26A-1 et al.), but does not include a map, plat or sketch required to be filed or recorded under the provisions of P.L.1957, c.130 (C.48:3-17.2) or a subdivision plat for a subdivision that was granted final approval by a municipal approving authority on or prior to July 1, 1999.
"Municipal Engineer" means the official licensed professional engineer appointed by the proper authority of the municipality in which the territory shown on a map is located.
"Professional Engineer" means a person who is legally authorized to practice professional engineering in this State as provided by P.L.1938, c.342 (C.45:8-27 et seq.).
"Proper authority" means the chief legislative body of a municipality or other agencies to which the authority for approval of maps has been designated by ordinance.
"Right of way parcel map" means any general property parcel map which shows highways or street acquisitions and any associated easements for highway or street rights of way.
Source: 46:23-9.10.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26B-4 - Approval of maps.

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 map under this law by the proper authority shall not be construed as acceptance of any street or highway indicated on the map; nor shall approval obligate the State of New Jersey or any county or municipality, to maintain or exercise jurisdiction over those streets or highways.
Source: 46:23-9.12; 46:23-9.13.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26B-5 - Additional prerequisites to filing.

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 a certificate by the municipal clerk or secretary of the planning board stating:
a. That the proper authority has approved the map or stating its exemption from approval;
b. That the map complies with the provisions of this law; and
c. The date by which the map is required to be filed by the applicable law.
Source: 46:23-9.14.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26B-6 - Filing and indexing of maps, fee.

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 complies with all the requirements for filing and is accompanied with the fees for filing and indexing that are provided by law.
b. The original map and a duplicate shall be endorsed by the recording office with a receipt indicating the date of filing.
c. The original map shall be retained by the recording office in an appropriate manner for preservation and use for reproduction purposes.
d. Copies of filed maps shall be made available to the public at a reasonable cost.
Source: 46:23-9.15.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26B-7 - Duplicates of maps in cities having atlases or block maps.

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, on which is plotted the lots or subdivision of lots of lands, the person filing the map shall file a duplicate of the map, and the recording officer shall indorse on the duplicate the time of recording and filing of the original and deliver the duplicate to the officer of the city having charge of the atlas or block map.
This section shall have no application to maps filed by commissioners appointed to assess benefits derived from the construction of sewers, drains or other municipal improvements.
Source: 46:23-10.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26B-8 - Approval and filing of duplicates of filed maps.

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 original only in title or style, and there have been made conveyances or liens, under which the lands intended to be conveyed or liened have been described by reference to the unfiled copy, the governing body of the municipality in which the land is located, by resolution, may approve the copy for filing in the manner prescribed by law. This approval and filing shall not constitute a dedication of the streets or lot locations as therein delineated and shall be merely for the identification of the lands conveyed or liened.
Source: 46:23-11.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26C-1 - Regulations.

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 Mortgages shall adopt regulations to establish format and technical requirements for recorded documents to foster state-wide uniformity in title recordation and otherwise to implement P.L.2011, c.217 (N.J.S.46:26A-1 et al.).
b. Regulations shall be adopted within 12 months after the effective date of P.L.2011, c.217 (N.J.S.46:26A-1 et al.).
Source: New.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:26C-2 - "Uniform Electronic Transactions Act" superseded.

46:26C-2. "Uniform Electronic Transactions Act" superseded.
The provisions of P.L.2011, c.217 (N.J.S.46:26A-1 et al.) shall take precedence over any conflicting provisions contained in sections 17 and 18 of the "Uniform Electronic Transactions Act," P.L.2001, c.116 (C.12A:12-17 and 12A:12-18).
The provisions of P.L.2011, c.217 (N.J.S.46:26A-1 et al.) shall modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. s.7001, et seq.) but shall not modify, limit or supersede Section 101(c) of that act (15 U.S.C.s.7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C.s.7003(b)).
Source: New.
L.2011, c.217, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:27-1 - Offices of surveyors general

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 the surveyor general of the western division of the province of New Jersey at Burlington, established in such cities by section ten of "An act for the running and ascertaining the line of partition of division between the eastern and western divisions of the province of New Jersey, and for the preventing disputes for the future concerning the same, and for securing to the general proprietors of the soil of each of the divisions, and persons claiming under them, their several and respective possessions, rights, and just claims," passed March twenty-seventh, one thousand seven hundred and nineteen (R.S.1847, s. 10, p. 27), shall continue to be established and conducted in such cities.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:27-2 - Seals of surveyors general

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 general pursuant to section one of "An act to provide a more easy mode of proving surveys of land in this state, and for other purposes," passed February twenty-seventh, one thousand eight hundred and thirty-eight, shall continue to be the seals of such surveyors general, and shall be handed down to their successors in office; and the written descriptions of such seals, deposited and recorded in the office of the secretary of state pursuant to said section one of said act shall remain in the office of the secretary of state as public records of such office.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:28-1 - Right of mortgagee to possession and recovery of possession

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 same may be necessary for the purpose of preventing the removal thereof out of the county wherein they were at the time of the execution or delivery of such mortgage, and of recovering such chattels in case the same shall have been removed out of such county.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:28-2 - Disposition of chattels when recovered or removal prevented

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, and shall be recovered by the mortgagee or owner of the mortgage by means of legal proceedings, or when the removal of such chattels shall be prevented by like proceedings, the court in which such proceedings are had may regulate the disposition of such chattels and prescribe such terms for the possession thereof by any person interested therein as will protect the right of such mortgagee or owner of such mortgage.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:28-3 - Exceptions to sections 46:28-1 and 46:28-2

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 ordinary use thereof at the time of the execution of a mortgage thereof are, from time to time, taken out of the county wherein they were when so mortgaged.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 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

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 of the mortgagor, subsequent purchasers and mortgagees from the time of the recording thereof or the lodging thereof for record until the same shall be canceled of record.
Amended by L.1953, c. 214, p. 1620, s. 3; L.1961, c. 121, p. 731, s. 12; L.1963, c. 190, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:28-14 - Mortgages of personalty included in mortgage of real estate by railroads or public utilities

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 of personal property included in a mortgage of franchises and real estate heretofore or hereafter made by any railroad company or any other corporation defined by any law of this State as a public utility, and which has been or shall be recorded or registered as a mortgage of real estate in every county in which such railroad or public utility, or any part of it, or in which any of the real estate so mortgaged by it, is or shall be located, and any such mortgage so recorded shall be valid against the creditors of the mortgagor, and against subsequent purchasers and mortgagees until the same shall be released or shall be canceled of record in the manner prescribed by law for the release and cancellation of mortgages of real estate.
Amended 1961, c.121, s.11; 1963, c.190, s.2; 2001, c.117, s.26.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30A-1 - Unsolicited sending of goods, wares or merchandise

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 or merchandise, where the offer includes the voluntary and unsolicited sending of goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods, wares or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner he sees fit without any obligation on his part to the sender and no civil action may be instituted for the recovery of the value of such goods, wares or merchandise or for their return.
L.1969, c. 234, s. 1, eff. Dec. 17, 1969.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30A-2 - Definitions

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 it was manufactured, which has been previously placed by a seller into a consumer's home for demonstration purposes.
"Rebuilt" means any household appliance that has had a substantial portion of its original, major parts replaced.
"Reconditioned" means any household appliance which has been substantially repaired but has not been rebuilt.
"Repossessed" means any household appliance purchased on credit that is offered for sale after it has been reclaimed by the seller or holder of the instrument evidencing the debt because of default.
"Used" means any household appliance, previously sold or transferred to and utilized by a consumer, that is not a rebuilt, reconditioned or repossessed appliance.
"Household appliance" means any gas or electric appliance used in the home, such as but not limited to the following: stoves, heating devices, cooking equipment, refrigerators, air conditioners, electric fans, clocks, radios, toasters, irons, television sets, vacuum cleaners, washing machines, driers and dishwashers.
"Casual sales" means an isolated sale of a household appliance by a person who is not regularly engaged in the business of making such sales and where such appliance was obtained by the person making the sale for his own use.
L.1973, c. 145, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30A-3 - Sale of household appliance without tag or label as to prior use; exemptions; violations; penalties

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 a new appliance unless there is affixed thereto a tag or label no smaller in size than 4 inches in length and 2 inches in width bearing a statement in lettering no smaller than 10-point type as to the fact that the appliance is a used, repossessed, rebuilt, or reconditioned appliance or has been utilized as a demonstrator unit, whichever the case may be. Excepted from this provision are casual sales as defined in this act.
Any person who violates any provision of this section is a disorderly person.
L.1973, c. 145, s. 2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30A-4 - Misrepresentation on tag or label; penalty

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 the appliance as set forth in that section is a disorderly person.
L.1973, c. 145, s. 3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30A-5 - Injunction for violations

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 in any practice in violation of this act he may seek and obtain in a summary action in the Superior Court an injunction prohibiting such person from continuing such practices or engaging therein or doing any acts in furtherance thereof; provided, however, that nothing in this act shall limit the powers of the Attorney General and the procedures with respect to consumer fraud provided in P.L.1960, c. 39 (C. 56:8-1 et seq.).
L.1973, c. 145, s. 4.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30A-6 - Item cost indicators on cash registers; visibility to customers; exceptions

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 customers making payment for items purchased or services rendered; provided, however, that this act shall not apply to business establishments that provide cash registers in each department, or an itemized sales slip, receipt or similar document fully identifying each item and stating the price thereof.
L.1977, c. 213, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30A-8 - Violation of act; penalty enforcement

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 a penalty of not more than $50.00 for the first offense, not more than $100.00 for the second offense and not more than $250.00 for each subsequent offense. Such penalty shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court shall have jurisdiction over such proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Director of the Division of Consumer Affairs.
L.1977,c.213,s.3; amended 1991,c.91,s.465.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-2 - Construction

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 its general purpose to make uniform the law with respect to the subject of this law among states enacting it. Source: New.
L.1989, c. 58, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 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.
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 a duty that arose before the effective date of this chapter to report, pay, or deliver property. A holder who did not comply with the law in effect before the effective date of this chapter is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this section, subject to R.S.46:30B-89; however, after the effective date of this chapter, the interest and penalties set forth in article 34 of this chapter shall be assessed against the holder for failure to report, pay or deliver the property presumed abandoned in accordance with the prior statutory provisions.
L.1989, c.58, s.1; amended 2002, c.35, s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-5 - Contents of initial report

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 of this chapter but which is subject to this chapter shall include all items of property that would have been presumed abandoned during the 10-year period preceding the effective date of this chapter as if this chapter had been in effect during that period. The initial report shall also identify any property that was not required to be reported before the effective date of this chapter but which is subject to this chapter which has been paid or delivered to any other state or otherwise disposed of in any manner by the holder during the preceding 10 years. Source: New.
L.1989, c. 58, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-7 - When property presumed abandoned generally.

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 charges, whether located in this State or another state, that is held, issued, owing in the ordinary course of a holder's business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.
At the time that an interest is presumed abandoned under this section, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.
L.1989, c.58, s.1; amended 2002, c.35, s.4.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-7.1 - Communication between holder and apparent owner.

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 communicated in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning property or the account in which the property is held, or has otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner. An indication of an owner's interest in property includes:
the presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;
owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account; or
the payment of a premium with respect to a property interest in an insurance policy.
The application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.
L.1989, c.58, s.1; amended 2002, c.35, s.5.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-7.2 - Limitation on holder's power to impose charges.

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 equitable interest in any property subject to chapter 30 B of Title 46 of the Revised Statutes any charges due to dormancy or inactivity, unless:
there is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose a charge; and
the holder regularly imposes charges and does not regularly reverse or otherwise cancel those charges with respect to the property, the amount of any charges is not unconscionable, and no additional charges are imposed as a result of escheatment of the property.
L.2002,c.35,s.6.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-8 - When property payable or distributable

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 to present any instrument or document required to receive payment. Source: New.
L.1989, c.58, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-9 - When property subject to custody.

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 of this State as unclaimed property if the conditions raising a presumption of abandonment under Articles 2 and 5 through 16 of this chapter are satisfied and the conditions under R.S.46:30B-10 are satisfied. The common law doctrine of bona vacantia shall remain viable with respect to unclaimed property not covered by this chapter or another statute of this State.
L.1989, c.58, s.1; amended 2002, c.35, s.7.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 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.
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 conditions shall be also satisfied:
a. The last known address, as shown on the records of the holder, of the apparent owner is in this State;
b. The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
c. The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(1) The last known address of the person entitled to the property is in this State, or
(2) The holder is a domiciliary or a government or governmental subdivision or agency of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
d. The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this State;
e. The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this State; or
f. The transaction out of which the property arose occurred in this State, and
(1) The last known address of the apparent owner or other person entitled to the property is unknown, or
(2) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property, and
(3) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
L.1989, c.58, s.1; amended 2002, c.35, s.8.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-10.1 - Presumption of location

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, but the records do not show the last known address of the other person, it shall be presumed that the last known address of the other person is the same as that of the owner.
Source: New.
L.1989, c.58, s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:30B-10.2 - Presumption of abandonment after issuance.

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 obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that shall be established by the holder.
L.2002,c.35,s.9.