New Jersey special warranty deed
Here is what New Jersey actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Clerk (or Register of Deeds and Mortgages)
- Witnesses
- Notary only
- Transfer tax
- Graduated from roughly 0.4% to 1.21% of consideration
- First-page margin
- 3″ top
- Recording fee
- ~$30 first page
- E-recording
- Generally available
What a special warranty deed does in New Jersey
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders use it almost exclusively.
When New Jersey homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What New Jersey requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What New Jersey says |
|---|---|
| Recording office | County Clerk (or Register of Deeds and Mortgages) |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Affidavit of Consideration (RTF-1) for exempt or partially exempt transfers |
How to complete and record it in New Jersey
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk (or Register of Deeds and Mortgages) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with New Jersey's statutory language, the correct notary block, and the 3-inch first-page margin county clerks expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Affidavit of Consideration (RTF-1) for exempt or partially exempt transfersNew Jersey requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County Clerk (or Register of Deeds and Mortgages)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in New Jersey
| Cost | Typical amount |
|---|---|
| Recording fee | About $30 for the first page plus about $10 per additional page |
| Transfer tax | Realty transfer fee: Graduated from roughly 0.4% to 1.21% of consideration, plus a 1% 'mansion tax' paid by the buyer on residential property over $1,000,000 |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
New Jersey charges a realty transfer fee of Graduated from roughly 0.4% to 1.21% of consideration, plus a 1% 'mansion tax' paid by the buyer on residential property over $1,000,000. It is customarily paid by the grantor.
Exemptions that commonly apply to a transfer like this: transfers between spouses or former spouses under a divorce decree, transfers between parent and child, gifts with no consideration, and senior citizen, blind, and disabled person reduced rates. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in New Jersey
New Jersey deeds are recorded with the County Clerk (or Register of Deeds and Mortgages) in the county where the property sits, not where you live. There are 21 counties in New Jersey.
Most New Jersey recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in New Jersey: Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Passaic, Camden, Morris. See all New Jersey recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of New Jersey law that catch people out
- New Jersey's realty transfer fee is graduated and can reach 1.21%, plus a separate 1% mansion tax on residential sales over $1 million paid by the buyer.
- An Affidavit of Consideration (RTF-1) must be attached whenever a full or partial exemption is claimed.
- New Jersey does not recognize transfer-on-death deeds.
- A conveyance to a married couple creates a tenancy by the entirety by default.
How to hold title in New Jersey
When two or more people take title in New Jersey and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in New Jersey: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple in New Jersey creates a tenancy by the entirety unless stated otherwise (N.J.S.A. § 46:3-17.2).
$69, one time. Your finished deed appears in full before you pay, with New Jersey's witness rules, margins, and recording instructions already applied.
Common questions
No. New Jersey has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk (or Register of Deeds and Mortgages). Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $30 for the first page and about $10 per additional page. New Jersey also charges realty transfer fee of Graduated from roughly 0.4% to 1.21% of consideration, plus a 1% 'mansion tax' paid by the buyer on residential property over $1,000,000, though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. New Jersey requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Clerk (or Register of Deeds and Mortgages) in the county where the property is located, not where you live, and not where the buyer lives. New Jersey has 21 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- New Jersey quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- New Jersey general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- New Jersey life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- New Jersey gift deedTransfers property to someone as an outright gift, for no payment.
- All deed rules for New JerseyRecording offices, transfer tax, witness rules, and fees.
- New Jersey recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.