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Title Recordation Law
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New Title Recordation Law Replaces Map Filing Law

On January 17, 2012, New Jersey Governor Chris Christie signed P.L. 2011 c. 217 into law. This bill revised the statutory scheme for title recording in New Jersey. It also repeals the "The Map Filing Law" (MFL) but not the provisions found in it. The chart (click to download) gives the comparison of the old “Map Filing Law” to the Recordation Act and indicates where the “MFL” Sections can be found in the act.

NJSPLS is seeking clarification from the New Jersey legislature concerning various sections that are required by the Professional Land Surveyor and/or the Municipal Engineer to certify that the maps are in compliance with the “Map Filing Law” which this new law repealed.

Most of the changes contained in the new law are intended to clarify existing law, as well as enable the recording of fully electronic documents (i.e. documents created, executed, stored, and transmitted solely by electronic means). Under the legislation, the Division of Archives and Records Management (DARM) will have one year to promulgate regulations implementing the new law. For any aspect of the legislation that does not depend on DARM implementing regulations, the effective date is May 1, 2012.

Some highlights of the changes effectuated by the new law are:
· The duration of the Notice of Settlement (NOS) has been extended from 45 days to 60 days, with a 60 day extension by recording another NOS before the first lapses;
· A NOS may now be cleared of record by the recording of a Discharge of Notice of Settlement;
· Cover sheets (as promulgated by DARM) may be included with the document;
· Cover sheets will be phased in over a five year period as the counties adjust their recording computer systems (many counties already accept cover sheets;
· All documents are to be imaged and indexed by the Clerk or Register not later than two business days after receipt;
· A document that is rejected by the Clerk or Register shall be returned to the submitter with a statement of all grounds for rejection within three business days of its receipt.

The Law took effect on May 1, 2012.

To view the text of new law, please click here.

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