New Jersey § 46:3a-2

§ 46:3a-2.

Because of the fact that many ancient surveys of land, fairly made, have not, by reason

of the neglect of officers or because of some casualty, been put on record, or, if

recorded, the record has been destroyed by fire or lost, by reason whereof, and because

of the natural decay of marked lines and corners, the ancient metes and bounds cannot,

except by testimony and reputation, be clearly ascertained, and it has been found,

on running the lines of many of such surveys, that they include more land or extend

farther than their strict length of chain, large measures having been formerly allowed,

even by the proprietors, as an encouragement to locations, thus making it possible

for persons other than the owners and possessors of the lands included in such surveys

to take advantage of such owners and possessors (who, supposing their titles to be

indefeasible, have not resurveyed, covered and secured the lands included in their

surveys), by confining their holdings to the net length of chain, thereby making vacancies

of valuable improved parts, upon some of which buildings have been erected, and such

persons, on causing surveys to be made of such overplus, have procured or may procure

such overplus surveys to pass the council of proprietors, without legal preference

or due notice to the owners and possessors of the lands covered by the ancient surveys,

no such newly-made partial survey, lying within the council of proprietors, or which

may be returned to the council, or made on any lands, improved or unimproved, within

what has been usually taken and deemed to be the ancient reputed boundary of such

lands, shall be recorded or be of any avail to any person so surveying, unless it

shall be made to appear, by the testimony of at least two good and sufficient witnesses,

that the possessor, holding such lands by survey, deed or otherwise, has been duly

notified, at least six months previous to the making of such survey, of the intention

to make the same, and has refused or neglected to resurvey and cover such overplus

lands.