New Jersey Statutes Title 46. Property 46 § 15-17

A restrictive covenant 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) may be released by the owner of the real property subject to the restrictive covenant by recording a “Certificate of Release of Certain Prohibited Covenants.” The real property owner may record such a certificate prior to recordation of a deed conveying real property to a purchaser, or when a real property owner discovers that such a prohibited covenant exists and chooses to affirmatively release it. The form of the certificate shall be promulgated by the Department of Community Affairs and shall be available at the county office, or on the Internet website, of the county clerk or register of deeds and mortgages, as appropriate to the county in which the real property is located, and shall also be available on the Internet website of the Department of Community Affairs. There shall be no filing fee, or any other fee, charged to the owner of a real property for the filing of this certificate.

The certificate promulgated by the Department of Community Affairs shall conform substantially to the following “Certificate of Release of Certain Prohibited Covenants” format:

CERTIFICATE OF RELEASE OF CERTAIN PROHIBITED COVENANTS

County of Record: _______________

Date of Deed Containing Prohibited Covenant: _______________

Deed Book: ________ Page: _______________

Name(s) of Grantor(s): _______________

Name(s) of Current Owner(s): _______________

Real Property Description: ____________________

Brief Description of Prohibited Covenant: _______________

The covenant contained in the above-mentioned deed is released from the above-described real property to the extent that it contains terms purporting to restrict the ownership or use of the property as prohibited in section 4 of P.L.1945, c. 169 (C.10:5-4).

The undersigned is/are the legal owners of the property described herein.

Given under my/our hand(s) this ______ day of ____________, 20___.

____________________

____________________

(Current Owners)

State of New Jersey

County of __________

Subscribed, sworn to, and acknowledged before me this _____ day of ____________, 20___.

____________________

Notary Public

Notary Registration Number: __________

My Commission Expires: _______________