How to Access Property Records in New Jersey

What Information Can You Find in New Jersey Property Records?

Property records in New Jersey come from many places. They are created by individuals, lawyers, title companies, town offices, counties, the courts, real estate professionals, and others. They include a lot of detailed information about the property and owners. Some of the most common types of data you will find in New Jersey property records are:

The above is only a partial list. You may find much more information, including related records about the owner(s).

Deeds and Conveyance Records

Deeds are one of the most common types of property records. They transfer ownership and convey easements, restrictions, and other details about the property. During real estate transactions, they outline the type of warranty the seller offers the buyer. As of 2022, New Jersey had a total of 3,785,346 housing units.

Some of the information on deeds will include:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Property Tax Records

Anyone who owns property in New Jersey must pay annual taxes on it. The county tax assessor and the county board of taxation manage tax records. The county tax assessor mails out property tax bills every July. Residents must pay the taxes in four installments (Feb 1, May 1, August 1, and November 1).

If homeowners do not pay their taxes, the county can also put a lien on the property and eventually foreclose and sell it at auction.

New Jersey has one of the highest property tax rates of 2.33%. The median home value is $401,400, meaning homeowners pay an average of $9,345 in yearly property taxes!

The following information may appear in a standard property tax record document in New Jersey:

• Tax Rates - Each property is subject to a different taxing jurisdiction, so tax rates vary depending on the jurisdiction's needs. The tax record should identify the jurisdiction and provide the working tax rate.
• Tax Exemptions - The document may provide information on applicable tax exemptions or deductions.
• Property Description - The document will provide an accurate property description, including information such as the physical address. Some documents include a complete legal description.
• Property Owner - The document should name the property owner (s), their physical address, and contact information.
• Payments - The document may show a list of the payments made so far and when they were made.

How Often is Property Tax in New Jersey Assessed?

Property taxes in New Jersey are assessed once every five years. Therefore, the assessment process is conducted by local assessors. Assessors must follow the set guidelines for determining property values. The exact assessment process may differ depending on the assessor. However, it involves three key parts:

The first stage is to determine the property's value. Local assessors hired by the town or county assessor determine the value of each property within their jurisdiction. They consider numerous aspects, such as the neighborhood's size, location, condition, and comparable sales.

Following the property assessment, the property owner receives a notification, sometimes called a 'Notice of Assessment.' The notice shows the property's assessed value, which is used to calculate property taxes.

Property owners have the right to evaluate their assessment. They may pursue a meeting with the local assessor to debate the assessment or give additional information that may affect the property's value. This phase allows property owners to check that the assessment is correct.

Property Liens and Encumbrances in New Jersey

Property records also contain information about encumbrances (such as liens), which can make the property harder to buy or sell. There are two types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those that you approve and allow to be placed on your property for a specific reason, such as a mortgage.

• Mortgage Liens - Mortgages are fairly common. Whenever someone cannot pay cash for a house, they can apply for a mortgage to borrow the money to buy the property. Lenders offer mortgages to people with good credit who can afford to buy the home. When you take out a mortgage, you agree to pay back the loan over a number of years with monthly payments, including taxes, insurance, and interest. You also agree to allow the lender to put a lien on the property. Their name will be listed alongside yours on the deed until you pay it off. The lien provides a legal outlet for the lender to seize and sell your home if you default on the mortgage so they can get paid.

  Mortgage records in New Jersey typically include the following:

  • Parties Involved - The mortgage document identifies the borrower (mortgagor) and the lender (mortgagee). It contains their names, addresses, and sometimes other information, such as marital status.
  • Loan Amount and Terms - The mortgage specifies the amount borrowed by the mortgagor and the agreed-upon terms, such as the interest rate, repayment schedule, and any fines or penalties.
  • Mortgage Clauses - The contract may include prepayment penalties, late payment fines, default provisions, and other special terms agreed upon by the parties.
  • Signatures and Notarization - The mortgage must be signed by both the mortgagor and the mortgagee, and it may need to be notarized to be legitimate.

Involuntary Liens

Involuntary liens are placed on your property without your permission to collect an unpaid debt. Some types of involuntary liens include:

• Mechanic's Liens - A mechanic's lien in New Jersey is a legal vehicle used by contractors, subcontractors, engineers, landscapers, material suppliers, and laborers to collect an unpaid debt. If someone does work on your property and you fail to pay them, they can put a lien on your house until you do.
• Tax Liens - Tax liens are more serious. If you don't pay your annual property taxes, the local county can put a lien on your property and eventually foreclose and sell your house to pay off the back taxes.
• Judgment Liens - Creditors use judgment liens when you don't pay your debts. They, too, can put a lien on the property and then take you to court. If the judge finds in favor of the creditor, they can foreclose and force a sale to get their money.

Liens are like stains on property. They do not wash off until they are paid in full. Liens can complicate real estate transactions, and many buyers won't want to buy a property with unpaid liens on it.

The Process of Property Liens in New Jersey

The process of placing a lien on a property differs depending on the type of lien. Here is a breakdown of how contractors and similar parties can place a mechanic's lien on a property in New Jersey:

New Jersey requires claimants to send preliminary notices before the lien process begins. Subcontractors and suppliers on private projects must send the notice within 60 days of completing the project. On the other hand, subcontractors and suppliers on public projects must send notice within 20 days of the first working day. Public projects sometimes allow late notices.

The second step in placing a lien is filling out and submitting the form. Mechanics lien forms require information such as a property description, the property owner's name and details, details of the work or supplies provided, dates of work, and other important information about the work. The lien should not include filing fees or attorney fees.

Next, the claimant should record the lien in a government office to make it public. The clerk in every county records mechanics liens. Therefore, claimants should visit the office in the respective county with the correct fees and requirements. Some counties allow other methods of recording, such as e-recording and mail. Once the county clerk signs and records the lien, the claimant should obtain copies.

If they did not contract directly, the claimant must send copies of the recorded lien to the property owner and general contractor.

Easements and Covenants

Easements and covenants are included in deeds and other NJ property records. An easement is a right-of-way that allows someone other than the owner to legally access the property for a specific purpose. For example, a power company with telephone poles on private property can access the property to maintain their poles without asking the owner.

Covenants are restrictions on how homeowners can use the property. Many condo associations have bylaws that dictate how common land may be used. For example, you cannot have a big outdoor party in common areas without approval from the board.

Plats and Surveys

Plats and surveys are different types of maps showing the boundaries of a specific property. Plats also show the boundaries of neighboring properties, whereas surveys only show the boundaries of a single property.

Types of property surveys in New Jersey include the following:

• Boundary Survey - The survey locates and marks the property lines to determine a property's precise boundaries. It entails measuring and charting the land's perimeter and researching existing titles, plats, and legal descriptions.
• ALTA/NSPS Survey - When a property is transferred or financed, an ALTA (American Land Title Association) or NSPS (National Society of Professional Surveyors) survey is often performed. It contains extensive information about the property, such as boundaries, easements, encroachments, rights-of-way, and other notable features.
• Flood Elevation Survey - This survey determines the elevation of a property in reference to the Federal Emergency Management Agency's (FEMA) base flood elevation. It identifies flood-prone locations and assesses flood risk.
• Construction Stakeout Survey - A construction stakeout survey involves placing markers and reference points on a property to guide building activity. It guarantees that buildings, structures, roads, and utilities are situated according to plan and that all legal requirements are met.

Property Descriptions and Boundaries in New Jersey

Property descriptions are critical to the puzzle since there is so much property in New Jersey. They appear on legal documents and property records to uniquely identify the land and buildings so anyone can find them. These descriptions are essential to property records.

A land survey maps out the shape and boundaries of a specific property. Surveyors use special equipment to measure the land and verify where it occupies space. Surveys are involved in real estate deals, new development, installing utilities, dividing up land, and boundary disputes.

Property survey records may be found at the county level. For example, Ocean County Library provides access to them on their website.

Sometimes, neighbors fight over boundaries, which can lead to court issues. Surveys verify the actual boundaries of the land and clarify any misunderstandings.

Foreclosures

When liens are placed on a property, there is always the chance of foreclosure. If the lienholder forecloses, they will sell the property at auction and evict the owners. Foreclosures show up in property records. Many investors search for foreclosure homes to pick them up cheaply and sell them for a profit.