reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:1-1 - Words and phrases defined

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 officer" mean the register of deeds and mortgages and his office in counties having such an officer and office, and the county clerk and his office in the other counties.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2-2 - Frauds or forgeries not validated

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 powers of agency, letters of attorney, deeds, writings or records, last wills or testaments, bargains and sales, or other conveyances of estates of inheritance, grounded thereupon.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2-3 - Registry of mortgages not affected

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 the effect of any mortgage or the registry thereof which has been or shall be registered as provided by chapter 17 of this title (s. 46:17-1 et seq.).
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2A-1 - Power of appointment; release or contract not to exercise authorized

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 covenant or contract not to exercise, the power.
L.1943, c. 57, p. 253, s. 1, eff. March 29, 1943.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2A-2 - Release as to whole or part of property; manner of release

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 manner as to reduce the number of, or to limit, the persons or objects, or classes of persons or objects, to whom or for whose benefit an appointment otherwise might be made thereunder.
L.1943, c. 57, p. 253, s. 2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2A-3 - Contract not to exercise power

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 favor of any persons or objects, or classes of persons or objects, to whom or for whose benefit an appointment otherwise might be made, other than a reduced or limited number of persons or objects, or classes of persons or objects.
L.1943, c. 57, p. 253, s. 3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2A-4 - Application of act to what powers and instruments

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 shall not apply where such instrument expressly prohibits a release of, or covenant, or contract not to exercise, such power.
L.1943, c. 57, p. 254, s. 4.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2A-5 - Deed, covenant or contract where power is created; acknowledgment; filing

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 the same manner as conveyances of land, and shall be recorded in the office of the surrogate of the county in which such last will and testament was admitted to probate, or in the office of the Clerk of the Superior Court, if such will was admitted to probate in that court or before the ordinary. Said deed, covenant or contract, or a copy thereof, shall be filed with the fiduciary or fiduciaries under said will, if such there be;
(b) a conveyance recorded in an office where conveyances of lands are recorded, shall be acknowledged in the same manner as such conveyances, and shall be recorded in such office;
(c) a nontestamentary instrument of trust shall be filed with the fiduciary or fiduciaries of such trust;
(d) an unrecorded nontestamentary instrument containing a power of appointment where the property subject to the power is not under the control of a fiduciary, shall be acknowledged in the same manner as conveyances of lands and shall be recorded in the office of the clerk or register of deeds and mortgages of the county in which the donee of the power of appointment resides.
L.1943, c. 57, p. 254, s. 5. Amended by L.1953, c. 44, p. 820, s. 1, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.2 - Powers of attorney; durable powers of attorney; disability defined.

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 an individual known as the principal authorizes another individual or individuals or a qualified bank within the meaning of P.L.1948, c.67, s.28 (C.17:9A-28) known as the attorney-in-fact to perform specified acts on behalf of the principal as the principal's agent.
b. A durable power of attorney is a power of attorney which contains the words "this power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or " this power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
c. Unless otherwise defined in the instrument, a principal shall be under a disability if the principal is unable to manage his property and affairs effectively; and an attorney-in-fact shall be under a disability if the attorney-in-fact is unable to exercise the authority conferred by the power of attorney effectively.
L.2000,c.109,s.2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.3 - Durable power of attorney not affected by lapse of time; disability or incapacity.

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 a durable power of attorney during any period when the power of attorney is effective in accordance with its terms, including any period when the principal is under a disability, have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.
L.2000,c.109,s.3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.4 - Relation of attorney-in-fact to court-appointed fiduciary.

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 principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal.
b. A principal may nominate, by a durable power of attorney, the conservator, guardian of the principal's estate, or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced.
c. No person, other than the principal, shall revoke a durable power of attorney except upon a court order for good cause.
L.2000,c.109,s.4.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.5 - Power of attorney not revoked until notice.

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 attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal's successors in interest.
b. The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
c. If the attorney-in-fact executes an affidavit stating that the act was done without actual knowledge of the revocation or termination of the power of attorney by death, disability, or incapacity, such act shall be presumed valid, subject to challenge only by a clear showing of fraud or gross neglect.
L.2000,c.109,s.5.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.6 - Good faith reliance.

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 the third party has received actual notice of the revocation of the power of attorney, the termination or suspension of the authority of the attorney-in-fact, or the death of the principal.
b. A third party who has not received such actual notice under paragraph a. of this section may, but need not, require that the attorney-in-fact execute an affidavit stating that the attorney-in-fact did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation, the termination or suspension of the authority of the attorney-in-fact, or the principal's death, disability, or incapacity. Such affidavit is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
L.2000,c.109,s.6.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.7 - Multiple attorneys-in-fact.

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 by the one or more who remain after the death, resignation or disability of one or more of the attorneys-in-fact.
b. The power of attorney may provide that the attorneys-in-fact may act severally or separately. If so provided, any one of the appointed attorneys-in-fact may exercise all powers granted.
c. The power of attorney may provide that the attorneys-in-fact shall act jointly. If so provided then, subject to subsection a., the concurrence of all appointed attorneys-in-fact is required to exercise any power.
d. If the power of attorney does not expressly provide whether the attorneys-in-fact are to act severally or separately, or are to act jointly, such attorneys-in-fact must act jointly.
e. The power of attorney may provide that the attorneys-in-fact act successively. Unless the power of attorney otherwise provides for the conditions under which a successor is qualified to act, the successor may act only upon the death, the written resignation, or the disability of the predecessor named attorney-in-fact.
L.2000,c.109,s.7.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.8 - Delegation by attorney-in-fact.

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 caution, may delegate to other agents such one, more, or all of the specific powers which have been conferred on the attorney-in-fact by the power of attorney.
L.2000,c.109,s.8.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.9 - Formality.

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.
L.2000,c.109,s.9.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.10 - Revocation.

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 be physically destroyed; or when the principal has signed and caused to be acknowledged in the manner set forth in R.S.46:14-2.1 a written instrument of revocation; or when the principal has delivered to the attorney-in-fact a written revocation. Unless expressly so provided, the subsequent execution of another power of attorney does not revoke a power of attorney.
L.2000,c.109,s.10.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.11 - Certified copies and photocopies.

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 photocopy of the original signed document, or may retain and rely upon a certified copy of the original.
L.2000,c.109,s.11.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.12 - Compensation of the attorney-in-fact.

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 power of attorney or in a separate written agreement dealing with compensation. A principal may direct that an attorney-in-fact be compensated and may provide for the method by which compensation shall be calculated and when compensation shall be paid. In the absence of any such direction and upon appropriate application, a court of competent jurisdiction may award reasonable compensation to the attorney-in-fact.
L.2000,c.109,s.12.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.13 - Fiduciary status and duty to account.

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 of the property of the principal if the principal has been adjudicated an incapacitated person, to act within the powers delegated by the power of attorney and solely for the benefit of the principal.
b. The attorney-in-fact shall maintain accurate books and records of all financial transactions. The principal, a guardian or conservator appointed for the principal, and the personal representative of the principal's estate may require the attorney-in-fact to render an accounting. The Superior Court may, upon application of any heir or other next friend of the principal, require the attorney-in-fact to render an accounting if satisfied that the principal is incapacitated and there is doubt or concern whether the attorney-in-fact is acting within the powers delegated by the power-of-attorney, or is acting solely for the benefit of the principal.
L.2000,c.109,s.13.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.13a - Power of attorney; gift of principal's property; prohibited

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 to others except to the extent that the power of attorney expressly and specifically so authorizes. An authorization in a power of attorney to generally perform all acts which the principal could perform if personally present and capable of acting, or words of like effect or meaning, is not an express or specific authorization to make gifts.
L.2003,c.138.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-8.14 - Application of act.

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 seq.) relating to banking transactions under a power of attorney. This act shall complement and not supersede the provisions of P.L.1991, c.95 (C.46:2B-10 et seq.).
L.2000,c.109,s.14.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-10 - Definitions

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 or property of the customer and agrees to repay or return the funds or property upon the terms and conditions specified in the agreement. The term "account" includes, but is not limited to, checking accounts, savings accounts, certificates of deposit and other types of time and demand accounts as banking institutions are authorized to enter into pursuant to applicable federal or State law. The term "account" does not include an agreement pursuant to which a banking institution agrees to act as a fiduciary within the meaning of the "Uniform Fiduciaries Law," N.J.S.3B:14-52 et seq.
"Agent" means the person authorized to act for another person pursuant to a power of attorney. An agent may be referred to as an "attorney," "attorney-in-fact" or "deputy" in the power of attorney.
"Banking institution" includes banks, savings banks, savings and loan associations and credit unions, whether chartered by the United States, this State or any other state or territory of the United States or a foreign country.
A thing is done "in good faith" when it is in fact done honestly, regardless of whether it is done negligently.
"Power of attorney" means a duly signed and acknowledged written document in which a principal authorizes an agent to act on his behalf.
"Principal" means a person executing a power of attorney.
"Safe deposit company" means a company operating pursuant to P.L.1983, c.566 (C.17:14A-1 et seq.).
L.1991,c.95,s.1; amended 1994,c.142,s.1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-12 - Powers of agent

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 the banking institution with respect to any banking transaction whether conducted in this or any other state.
L.1991,c.95,s.3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-14 - Banking institutions not liable for action in reliance on power of attorney

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 an institution, shall be held liable for injury for any act or omission if it is performed in good faith and within the scope of the institution's or person's duties, unless the act or omission constitutes a crime, actual fraud, actual malice or willful misconduct.
L.1991,c.95,s.5.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-16 - Banking transaction by agent binds principal

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 or unenforceable, binds the principal and his heirs, devisees, and personal representatives.
L.1991,c.95,s.7.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-17 - Power of attorney not made pursuant to this act valid

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 to invalidate or make inoperable any power of attorney which is not made pursuant to this act and which is otherwise valid. A power of attorney for banking transactions pursuant to this act may be combined with a power of attorney for other purposes. The provisions of section 1 of P.L.1971, c.373 (C.46:2B-8) shall apply to any power of attorney made pursuant to this act.
L.1991,c.95,s.8.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-18 - Banking institution may retain copy of power of attorney

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 this act or may retain and rely upon the certified copies of the original as alternatively provided in subsection f. of section 4 and thereafter may rely on such photocopy or certified copy unless or until it receives knowledge or information that requires or permits it not to honor the power of attorney as provided in section 4.
L.1991,c.95,s.9.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2B-19 - Agent acting pursuant to power of attorney shall be a fiduciary

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 within the meaning of the "Uniform Fiduciaries Law," P.L.1981, c.405 (C.3B:14-52 et seq.).
L.1991,c.95,s.10.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2C-6 - Trust created for exclusive benefit of employees as part of pension, disability, death or profit-sharing plan

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 of a pension plan, disability or death benefit plan, profit-sharing plan or other plan for the exclusive benefit of some or all of his employees, to which contributions are made by such employer or employees, or both, for the purpose of distributing to such employees the earnings or the principal, or both earnings and principal, of such trust, shall not be deemed to be invalid as violating any existing law, statutory or otherwise, against perpetuities or suspension of the power of alienation or against the accumulation of income; but such a trust may continue for such time as may be necessary to accomplish the purposes for which it may be created, and such trust may by its terms be made irrevocable, and the interest of any beneficiary thereof may be made nontransferable.
L.1963, c. 159, s. 1. Amended by L.1967, c. 69, s. 1, eff. May 25, 1967.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2C-7 - Definitions

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 assets of other trusts pursuant to any law authorizing the collective investment of trust funds, or pursuant to the express terms of the trust.
L.1963, c. 159, s. 2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2E-14 - Disclaimer of interests previously governed by P.L.1979, c.492 (C.46:2E-1 to 46:2E-13).

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 to a joint deposit account, a P.O.D. account or a trust deposit account, person succeeding to a disclaimed interest, beneficiary under a nontestamentary instrument or contract, appointee under a power of appointment exercised by a nontestamentary instrument or a beneficiary under an insurance policy is governed by N.J.S.3B:9-1 et seq., as amended and supplemented by P.L.2004, c.132 (C.3B:3-33.1 et al.).
L.2004,c.132,s.93.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2F-9 - Rule against perpetuities abrogated

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 or otherwise. The common law rule against perpetuities shall not be in force in this State.
L.1999,c.159,s.13.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:2F-11 - Applicability of C.46:2F-9 through C.46:2F-11 to property interests, powers of appointment

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:
(1) a future property interest or a power of appointment that is created on or after the effective date of this act; or
(2) a future property interest or a power of appointment created before the effective date of this act pursuant to the laws of any other state that does not have the rule against perpetuities in force and to which, after the effective date of this act, the laws of this State are made applicable by transfer of the situs of a trust to New Jersey, by a change in the law governing a trust instrument to New Jersey law, or otherwise. For purposes of this section only, a future property interest or a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
b. With respect to a nonvested property interest or a power of appointment created before the effective date of this act, which is determined in a judicial proceeding commenced on or after the effective date of this act, to violate this State's rule against perpetuities as that rule existed before the effective date of this act, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. The "rule against perpetuities" as used in this subsection shall mean the provisions of sections 1 through 8 of P.L.1991. c.192 (C.46:2F-1 through 42:2F-8), in effect at the time stated herein, notwithstanding the repeal of those sections by this amendatory and supplementary act.
L.1999,c.159,s.15.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-1 - Feudal tenures abolished

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 section two of an act entitled "An act concerning tenures," passed February eighteenth, one thousand seven hundred and ninety-five, shall so continue to be taken away, discharged and abolished; and no such estate, or any incident thereof, shall, at any time, be created in any manner whatsoever.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-2 - Certain tenures and holdings turned into free and common socage

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, or of any other person or body politic or corporate, at any time before July fourth, one thousand seven hundred and seventy-six, and declared, by section three of an act entitled "An act concerning tenures," passed February eighteenth, one thousand seven hundred and ninety-five, to be turned into holdings by free and common socage from the time of their creation and forever thereafter, shall continue to be held in free and common socage, discharged of all the tenures, charges and incidents enumerated in said section three.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-3 - Certain conveyances to operate in free and common socage

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, shall be construed to be of such effect as if such manors, lands, tenements or hereditaments had been then held and continued to be held in free and common socage only.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-4 - Rents certain or rights and incidents to common socage not discharged

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 to tenure in common socage created prior to July fourth, one thousand seven hundred and seventy-six, and due or to grow due to this state or any person, or the distresses incident thereunto.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-5 - Alienation of freeholds (statute quia emptores terrarum)

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 at any time shall be, seized in fee simple, or any part thereof, at his pleasure; and such donee, purchaser or alienee shall hold the same free of any tenure or service to the donor, seller or alienor.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-6 - Gifts, grants and conveyances by state allodial

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 patent, under the great seal of this state, or in any other manner by this state, by the legislature thereof, or by the commissioners or agents of forfeited estates, or by other lawful and competent authority under this state, shall be and remain allodial, and not feudal, and shall forever be and continue in free and pure allodium only, forever discharged of all feudal tenures and the incidents thereof, and all other services whatsoever.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-7 - Transferability of estates of expectancy

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 or executory interest, right of entry for condition broken or other future estate or interest in expectancy, as he may have or shall at any time be entitled to, or presumptively be entitled to, in any real estate, or any part of such right, estate or interest, although the contingency on which such right, estate or interest is to vest may not have happened; and every person to whom any such right, estate or interest shall have been or be devised, conveyed or assigned, his heirs or assigns, shall, on the happening of such contingency, be entitled to stand in the place of the person by whom the same shall have been or be devised, conveyed or assigned, his heirs and assigns, and to have the same interest, right or estate, or such part thereof, as shall have been or be devised, conveyed or assigned to him, and the same actions and remedies therefor as the person originally entitled thereto or his heirs would then have been entitled to if no devise, conveyance, assignment or other disposition thereof had been made.
This section shall not be construed to have empowered or to empower any person to dispose of any expectancy which he may have had or have as heir of a living person, or any contingent estate or expectancy, where the contingency is as to the person in whom, or in whose heirs, the same may vest, or any estate, right or interest to which he may or may have become entitled under any deed to be thereafter executed, or under the will of any living person.
This section shall not be construed to render any contingent estate or other estate or expectancy herein mentioned liable to be levied upon and sold by virtue of an execution.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-8 - Grants of real estate, rents, reversions or remainders without attornment of tenant

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 without the attornment of the tenant; but no tenant who, before notice of such grant or conveyance, shall have paid the rent to the grantor, shall be prejudiced or suffer any damage by such payment.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-9 - Conveyance of uses (statute of uses)

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 deed, grant or any other legal conveyance whatsoever, or that shall hereafter be granted by any deed or conveyance whatsoever, and his heirs and assigns, shall be held to be in as full and ample possession of such real estate, to all intents, constructions and purposes, as if such person, his heirs and assigns, were possessed thereof by solemn livery of seizin and possession, any usage or custom to the contrary notwithstanding.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-10 - Fines and common recoveries abolished

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 or suffered in any court of record of this state, shall operate or be construed to be a conveyance or assurance of real estate, or in any way bar the issue in tail, or the reversioner or remainderman of their lawful claims and entries, any usage or custom to the contrary in anywise notwithstanding.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-13 - Fee simple; creation by deed; construction favorable to creation

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 and demand whatsoever, both in law and equity, of the grantor, including the fee simple if he had such an estate, of, in and to the premises conveyed, with the appurtenances, and the word "heirs" shall not be necessary in any deed to effect the conveyance of the fee simple; and every deed conveying lands to executors, trustees or other fiduciaries, in which the granting clause or habendum clause runs to the "successors and assigns" , shall, unless other words of limitation are used, be construed as conveying the fee simple of the grantor if he had such an estate, to the same effect as if the words "heirs and assigns" had been used.
If, in any suit to reform a deed of conveyance of lands, whether absolute or by way of mortgage, the estate conveyed be limited to the grantee, his successors and assigns forever, or to the grantee, his legal representatives and assigns forever, such limitation shall, in the absence of other words in the deed clearly indicating an intention to limit the estate to the life of the grantee, be considered as presumptive evidence that the grantor intended thereby to convey an estate in fee simple in such lands, notwithstanding the omission of the word "heirs" from such deed.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-14 - Rule in Shelley's Case abolished

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 and the same instrument contains a limitation, either mediate or immediate, to his heirs or the heirs or any of the heirs of his body or to his descendants or issue or any of them, in any manner or by any description such that, by the application of the rule of the common law, known as the Rule in Shelley's Case, the word "heirs" or other words used in creating the interest after such estate of freehold would be held to be words of limitation and not of purchase and such estate of freehold would be held to be enlarged by reason of the use thereof, then and in any such case the word "heirs" or other words so used shall hereafter be held to be words of purchase and not to be words of limitation and such estate of freehold shall not be held to be enlarged by the use thereof, to the end that the said rule of the common law, known as the Rule in Shelley's Case, shall not be applicable to any interest in property created by any instrument to take effect hereafter.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-15 - Estates tail abolished

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 in equity of such estate in any real estate, as under the Statute of the Thirteenth of Edward I (called the Statute of Entails), would have been held an estate in fee tail of any type or character, such conveyance, will or instrument shall vest an estate in fee simple in such grantee, devisee or other person.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-16 - Buildings and other things included in deeds to land

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, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-17 - Tenancies in common; joint tenancies

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, except it be expressly set forth in the grant or devise creating such estate that it was or is the intention of the parties to create an estate in joint tenancy and not an estate of tenancy in common, any law, usage, or decision theretofore made, to the contrary notwithstanding.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-17.1 - Joint tenancies; creation

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 as fully effective to vest an estate in joint tenancy in such real estate in the grantees therein named, including the grantor, as if the same had been conveyed by the grantor therein to a third party and by such third party to said grantees.
L.1950, c. 71, p. 129, s. 1, eff. April 25, 1950.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-17.2 - Tenancy by entirety

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 under a written instrument designating both of their names as husband and wife; or
b. A husband and wife become the lessees of real property or personal property under a written instrument containing an option to purchase designating both of their names as husband and wife; or
c. An owner spouse conveys or transfers an interest in real property or personal property to the non-owner spouse and the owner spouse jointly under written instrument designating both of their names as husband and wife.
Language which states "....... and ......., his wife" or "........ and ........, her husband" shall be deemed to create a tenancy by the entirety.
L. 1987,c.357, s.5.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-17.3 - Property interest

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 joint tenancy unless it is expressed therein or manifestly appears from the tenor of the instrument that it was intended to create a tenancy in common or joint tenancy.
L. 1987, c. 357, s.6.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-17.4 - Written consent of both spouses

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 of both spouses.
L. 1987, c. 357, s.7.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-17.5 - Surviving spouse sole owner

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 purchase, conveyance, or transfer from its inception.
L. 1987, c. 357, s.8.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-18 - Aliens; "alien friend" defined; right to acquire, hold and transfer real estate

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 estate situate in this State as native-born citizens. Any alien who shall be domiciled and resident in the United States and licensed or permitted by the government of the United States to remain in and engage in business transactions in the United States, and who shall not be arrested or interned or his property taken by the United States, shall be considered an alien friend within the meaning of this act.
Nothing contained in this section shall be construed to:
a. Entitle any alien to be elected into any office of trust or profit in this State, or to vote at any town meeting or election of members of the Senate and General Assembly, or other officers, within this State, or for Representatives in Congress or electors of the President and Vice-President of the United States; or
b. Prevent the sequestration, seizure or disposal by either the State or National government of any real estate or interest therein so long as the same is owned or held by any alien, made pursuant to duly enacted legislation, during the continuance of war between the United States and the government of the country of which any such alien is a citizen or subject; but any bona fide conveyance, mortgage or devise made by such alien shall be valid, if made to a citizen of the United States or to an alien friend.
Amended by L.1943, c. 145, p. 395, s. 1, eff. April 8, 1943.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-19 - Estates, rights and interests in areas above surface of ground

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 other than the owner or owners of the land below such areas, and shall be deemed to be estates, rights and interests in lands.
L.1938, c. 370, p. 940, s. 1.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-20 - Enjoyment, alienation, demise, etc., of areas above surface of ground

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 may be held, enjoyed, possessed, aliened, conveyed, exchanged, transferred, assigned, demised, released, charged, mortgaged or otherwise encumbered, devised and bequeathed in the same manner, upon the same conditions and for the same uses and purposes as estates, rights and interests in land, and shall be in all other respects dealt with and treated as estates, rights and interests in land.
L.1938, c. 370, p. 940, s. 2.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-21 - Rights, burdens, restrictions, etc., pertaining to lands applicable

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 applicable to such estates, rights and interests in areas above the surface of the ground.
L.1938, c. 370, p. 940, s. 3.
2023 New Jersey Revised Statutes › Title 46 - Property › Section 46:3-22 - Application of existing laws to estates, etc., in areas above surface of ground

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 the surface of the ground and to instruments creating, disposing of or otherwise affecting such estates, rights and interests, wherever such provisions would be applicable to estates, rights and interests in land, or to instruments creating, disposing of or otherwise affecting estates, rights and interests in land.
L.1938, c. 370, p. 941, s. 4.