New Jersey § 46:5-5
Full text of New Jersey New Jersey Statutes § 46:5-5, with citation guidance and answers to common questions.
§ 46:5-5.
Whenever any conveyance or instrument executed and delivered prior to July fourth,
one thousand nine hundred and thirty-one, shall have purported to remise, release
or quitclaim to the grantee therein any claim to or estate or interest in the lands
described therein, such conveyance or instrument shall, if the same shall have been,
or shall after said date be, acknowledged or proved and recorded with the same formality
and in the same manner as was or is required at the date of the execution and delivery
thereof or at the date of the record thereof for the making, executing, acknowledging
or proving of deeds of bargain and sale, be effectual to pass all the estate which
the grantor could lawfully convey by deed of bargain and sale, except such claim to
or estate or interest in the affected lands as shall have been particularly reserved
to the grantor therein. If, however, the grantor or anyone claiming title through him in any such conveyance
or instrument, shall not, prior to or within one year after July fourth, one thousand
nine hundred and thirty-one, have instituted some appropriate action against his grantee,
or some one claiming title through such grantee, to have the effect of such conveyance
or instrument construed and held to operate in some other manner than in this section
provided, and shall not, prior to or within one year after July fourth, one thousand
nine hundred and thirty-one, file a notice of the pendency of such action as provided
by sections 2:26-27 to 2:26-39 of the title Administration of Civil and Criminal Justice, 1 such grantor, or anyone claiming title through him, shall forever, after one year
from July fourth, one thousand nine hundred and thirty-one, be barred from any claim,
estate or interest which shall pass under and by virtue of the force and effect given
to such conveyance or instrument by the provisions of this section; but, if such
grantor, or anyone claiming title through him, shall have complied with the provisions
of this section as to the institution of action and the filing lis pendens, any such
conveyance or instrument as was or is involved in any such action shall be construed
and held to operate in accordance with the final judgment or decree of the court in
which such action shall have been instituted, or in accordance with the judgment or
decree of any appellate court to which such judgment or decree shall have been or
eventually may be carried. 1
Repealed; see, now, N.J.S.A. §§ 2A:15-6 to 2A:15-17.
Frequently Asked Questions About New Jersey § 46:5-5
What does New Jersey Statutes § 46:5-5 cover?
Section 46:5-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 46:5-5?
A common citation format is "New Jersey Statutes § 46:5-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 46:5-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.