State Codes and Statutes

Statutes > New-jersey > Title-46 > Section-46-16 > 46-16-7

46:16-7.  Ancient deeds not acknowledged or proved;  affidavits; record, filing and custody;  record as notice;  rerecording in other offices
    The county recording officer of each county shall record, in books to be designated  "ancient deeds" , all deeds or instruments of the nature and description set forth in section 46:16-1 of this title, which shall be delivered to him for that purpose, and which any person deriving title from or under them may desire for his security to have recorded, although such deeds or  instruments have not been and owing to the death or other disability of the  grantors and subscribing witnesses cannot be acknowledged or proved, but only  when any such deed or instrument shall be accompanied by affidavits made by  some person deriving or claiming to derive title therefrom or thereunder, which  affidavits shall state that the real estate or other property, estate or  interest therein, conveyed or affected by such deeds or instruments are wholly  or partly situate in the county in which such deeds or instruments are offered  for record, that affiant claims title thereto, or to some part thereof, and  that affiant verily believes that quiet, continuous, adverse and undisturbed  possession of such real estate or other party has been enjoyed by virtue  thereof for forty years or more.

    The county recording officer recording any deed or instrument under authority of his section shall file the originals with the affidavits in his office (numbering them according to their dates of filing from one up, to correspond with the similar numbers in the record of the same), and there carefully keep the same in the same manner as he is required by section 46:16-8  of this title to keep such deeds or instruments which shall not have been  recorded within ten years after the date of acknowledgment or proof thereof.

    All records made under authority of this section shall thereafter have the effect as notice stated in section 46:21-1 of this title, and such deeds or instruments or records may be transmitted to and rerecorded in other offices, in the same manner and with the like effect as is set forth in section 46:16-8 of this title is respect to deeds or instruments not recorded within ten years from the date of acknowledgment or proof thereof.