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New Jersey Quitclaim Deed

In New Jersey, a deed conveying land will, unless an exception is explicitly made, include all the estate, right, title, interest, use, possession, property, claim, and demand, both in law and in equity, of the grantor and his fee simple estate, if he is in possession of such an estate. The short form of a deed, as presented in 46:4-1 of the New Jersey Statutes, may be tailored to meet the needs of a quit claim deed. A quit claim deed in New Jersey often employs such phrases as "the grantor releases" or "the grantor does remise, release, and forever quitclaim," or similar phrases. The quit claim deed will be construed as though the phrase "the grantor does grant and convey" were used, unless a contrary intention is expressed in the words of conveyance (46:5-1).

A quit claim deed without reservations on the part of the grantor that purports to remise, release, or quitclaim an interest in the land described in the instrument will be effective to pass all the estate that the grantor could lawfully convey by a deed of bargain and sale, so long as there is nothing in the instrument indicating an intent on the grantor’s part to reserve for himself any part of the claim, estate, or interest. A quit claim deed can also be made with reservations in favor of the grantor. The grantee of a quit claim deed is presumed to be a bona fide purchaser (46:5-3). Quit claim deeds in New Jersey do not contain warranties.

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