New Jersey Warranty Deed
New Jersey warranty deed guarantees clear title and defends the buyer against claims. New Jersey codifies warranty words; standard deed is bargain and sale.
Introduction
New Jersey codifies the operative warranty words themselves: under N.J.S.A. 46:4-7 a covenant to warrant generally is the grantor's promise to forever warrant and defend the property against the claims and demands of all persons whomsoever, the title guarantee that defines a warranty deed. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. New Jersey is helpful to understand here, because New Jersey actually codifies the operative warranty words. Under N.J.S.A. 46:4-7, a covenant that the grantor will warrant generally the property conveyed carries a full promise to forever warrant and defend the property against the claims and demands of all persons whomsoever. A special warranty uses warrant specially and defends only against claims by, through, or under the grantor (N.J.S.A. 46:4-8). New Jersey does not use a grant deed; the everyday instrument is the bargain and sale deed with covenant as to grantor's acts, which is a special warranty, while the full general warranty deed remains available. You record the signed, acknowledged deed with the county recording officer of the county where the property sits, and the deed must show the lot and block and the grantee mailing address (N.J.S.A. 46:26A-3). DocDraft builds your New Jersey deed from your facts, with attorney review available before you record.
Key Things to Know
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A New Jersey warranty deed uses the words warrant generally (N.J.S.A. 46:4-7) to promise to forever warrant and defend against all persons whomsoever. The state's everyday bargain and sale deed with covenant as to grantor's acts is only a special warranty.
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New Jersey codifies the warranty words. A covenant that the grantor will warrant generally the property conveyed has the effect of a promise to forever warrant and defend the property against the claims and demands of all persons whomsoever (N.J.S.A. 46:4-7). That is the general warranty.
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A special or limited warranty uses warrant specially and defends only against claims arising by, through, or under the grantor (N.J.S.A. 46:4-8). New Jersey does not use a grant deed; its standard instrument is the bargain and sale deed with covenant as to grantor's acts, which is a special warranty.
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You record the signed, acknowledged deed with the county recording officer (the register of deeds and mortgages in the counties that have one, otherwise the county clerk) of the county where the property is located. New Jersey follows a race-notice priority rule, so recording promptly protects you against a later purchaser (N.J.S.A. 46:26A-12).
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The grantor's signature must be acknowledged before an authorized officer, such as a notary, before the deed can be recorded (N.J.S.A. 46:14-2.1). New Jersey does not require subscribing witnesses for an acknowledged deed; a witness is only used under the alternative proof method.
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New Jersey charges a Realty Transfer Fee that begins at 2.00 dollars for each 500 dollars of consideration and rises in brackets, and a statement of the true consideration must be made on the deed or in an appended affidavit (Form RTF-1) (N.J.S.A. 46:15-6). A higher schedule and a 1 percent additional fee can apply to larger transfers.
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To record, the deed itself must be in English, bear each signature with the name printed beneath it, reference the lot and block number of the property, and state the grantee mailing address (N.J.S.A. 46:26A-3). A conveyance of the principal marital residence is taken subject to a non-owner spouse's right of joint possession unless that spouse releases it (N.J.S.A. 3B:28-3), so the spouse commonly signs.
Key decisions before you file
Before you file a Warranty Deed in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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New Jersey Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. New Jersey codifies the warranty words: a covenant that the grantor will warrant generally the property conveyed has the same effect as a promise to forever warrant and defend the property against the claims and demands of all persons whomsoever (N.J.S.A. 46:4-7). That is the general warranty, the strongest title protection.
A special or limited warranty uses warrant specially and defends only against claims arising by, through, or under the grantor (N.J.S.A. 46:4-8). New Jersey does not use a grant deed; its standard instrument is the bargain and sale deed with covenant as to grantor's acts, a special warranty. The general warranty deed (N.J.S.A. 46:4-7) is available when the buyer wants full protection.
Record the signed, acknowledged deed with the county recording officer of the county where the real property is located; this is the register of deeds and mortgages in the counties that keep one and the county clerk in the others. New Jersey follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later good-faith purchaser (N.J.S.A. 46:26A-12). Record promptly to protect your interest.
Before recording, the grantor signature must be acknowledged before an authorized officer such as a notary (N.J.S.A. 46:14-2.1). New Jersey does not require subscribing witnesses for an acknowledged deed; a witness is only used under the alternative proof method when the maker does not personally acknowledge. A proper acknowledgment is the recording path.
New Jersey charges a Realty Transfer Fee that begins at 2.00 dollars for each 500 dollars of consideration and rises in brackets, with a steeper schedule and a 1 percent additional fee on certain transfers above 1,000,000 dollars. A statement of the true consideration must appear on the deed or in an appended Affidavit of Consideration, Form RTF-1 (N.J.S.A. 46:15-6). Listed exemptions require the proper affidavit.
To record, the deed must be in English, bear each signature with the name printed beneath it, reference the lot and block number of the property conveyed, and state the mailing address of the grantee (N.J.S.A. 46:26A-3). Include the full legal description, not just the street address. Errors in the legal description or in how the grantee takes title are a common and costly source of later problems, so confirm both against the current deed.
New Jersey abolished dower and curtesy for property acquired on or after May 28, 1980, so there is no classic spousal-joinder requirement to validly convey a solely owned parcel. However, a conveyance of the principal marital residence is taken subject to the non-owner spouse right of joint possession unless that spouse releases it (N.J.S.A. 3B:28-3), so the spouse commonly signs the deed to release the right.
Choose the deed to match the protection intended. A general warranty deed warrants title against all persons whomsoever, including claims that predate the grantor (N.J.S.A. 46:4-7). A bargain and sale deed with covenant as to grantor acts, the standard New Jersey instrument, warrants only against claims through the grantor (N.J.S.A. 46:4-8). A quitclaim gives no covenants (N.J.S.A. 46:5-1). The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. New Jersey codifies the warranty words: under N.J.S.A. 46:4-7 a covenant to warrant generally means the grantor will forever warrant and defend the property against the claims and demands of all persons whomsoever, while a quitclaim (N.J.S.A. 46:5-1) conveys the grantor's estate but adds no covenants of title.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. New Jersey codifies this: the covenant to warrant generally the property conveyed has the same effect as a promise to forever warrant and defend the property against the claims and demands of all persons whomsoever (N.J.S.A. 46:4-7). A special warranty covers only claims arising by, through, or under the grantor (N.J.S.A. 46:4-8).
New Jersey does not use a grant deed, and its everyday instrument is the bargain and sale deed with covenant as to grantor's acts, which is a special warranty covering only claims arising through the grantor (N.J.S.A. 46:4-8). A full general warranty deed, which uses the warrant generally covenant of N.J.S.A. 46:4-7 and defends against all persons whomsoever, is also valid and available in New Jersey. The right choice depends on the protection the buyer needs.
You record the signed, acknowledged deed with the county recording officer of the county where the property is located; this is the register of deeds and mortgages in the counties that keep one, and the county clerk in the others. The deed must be in English, show each signature with the name printed beneath it, reference the lot and block number, and state the grantee mailing address (N.J.S.A. 46:26A-3). New Jersey follows a race-notice priority rule, so a deed that is recorded first generally prevails; record promptly (N.J.S.A. 46:26A-12).
New Jersey does not require an attorney to prepare or record a deed; an individual may prepare and record their own warranty or bargain and sale deed. Because a deed transfers title and a mistake in the legal description, the covenants, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your New Jersey deed from your facts, with attorney review available as an option before you record.
It must be acknowledged. Before a New Jersey deed can be recorded, the grantor's signature has to be acknowledged before an authorized officer such as a notary (N.J.S.A. 46:14-2.1). New Jersey does not require subscribing witnesses for an acknowledged deed; a witness is only used under the alternative proof method, when the maker does not personally acknowledge. A proper acknowledgment is what lets the county recording officer record the deed.
Usually yes when the property is sold. New Jersey charges a Realty Transfer Fee that begins at 2.00 dollars for each 500 dollars of consideration and rises through higher brackets, with a steeper schedule and a 1 percent additional fee on certain transfers above 1,000,000 dollars. A statement of the true consideration must appear on the deed or in an appended Affidavit of Consideration, Form RTF-1 (N.J.S.A. 46:15-6). Gifts and other listed transfers can qualify for an exemption with the proper affidavit.
Both are codified in New Jersey. A general warranty deed uses the warrant generally covenant of N.J.S.A. 46:4-7 and defends the buyer against the claims and demands of all persons whomsoever, including title problems that predate the seller. A special or limited warranty deed uses warrant specially (N.J.S.A. 46:4-8) and defends only against claims arising by, through, or under the grantor. The bargain and sale deed with covenant as to grantor's acts, New Jersey's standard instrument, is a special warranty.