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Current as of January 01, 2024 | Updated by Findlaw Staff
A deed recorded on or after January 1, 2022 shall not contain a reference to the specific portion of a restrictive covenant purporting to restrict the ownership or use of real property as prohibited by section 4 of P.L.1945, c. 169 (C.10:5-4) or subsection g. of section 11 of P.L.1945, c. 169 (C.10:5-12). A county clerk or a register of deeds and mortgages shall refuse to accept any deed submitted for recordation that references the specific portion of any such restrictive covenant. An attorney or title company preparing or submitting a deed for recordation shall ensure that the specific portion of such a restrictive covenant is not specifically referenced in the deed prior to the deed being submitted for recordation. A deed may include a general provision that states that the deed is subject to any and all covenants of record; however, such provisions shall not apply to the specific portion of a restrictive covenant purporting to restrict the ownership or use of the property as prohibited by section 4 of P.L.1945, c. 169 (C.10:5-4) or subsection g. of section 11 of P.L.1945, c. 169 (C.10:5-12).
Any deed that is recorded in the land records on or after January 1, 2022 that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property.
Cite this article: FindLaw.com - New Jersey Statutes Title 46. Property 46 § 15-16 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-46-property/nj-st-sect-46-15-16/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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