N.J. Stat. tit. 2A, ch. 62

in effect

N.J. Stat. § 2A:62-1 By person in peaceable possession

Any person in the peaceable possession of lands in this state and claiming ownership thereof, may, when his title thereto, or any part thereof, is denied or disputed, or any other person claims or is claimed to own the same, or any part thereof or interest therein, or to hold a lien or encumbrance thereon, and when no action is pending to enforce or test the validity of such title, claim or encumbrance, maintain an action in the superior court to settle the title to such lands and to clear up all doubts and disputes concerning the same. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-2 Presumption of peaceable possession

If the lands are not, by reason of their extent or because they are wild, wood, waste, uninclosed or unimproved, in the actual peaceable possession of the owner or person claiming ownership, the owner or person claiming ownership in fee under a deed or other instrument, duly recorded in this state, who has paid taxes thereon and to whom or to whose grantors the taxes thereon have been assessed for 5 consecutive years immediately prior to the commencement of the action authorized by section 2A:62-1 of this title, shall, if no other person is in actual possession thereof, be presumed to be in peaceable possession thereof, and shall have all the rights and benefits of and be subject to all the provisions of this article and articles 2 and 4 of this chapter. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-3 By grantor of mapped and sold lots

If any person, while in peaceable possession of lands and claiming ownership thereof, has made and filed or makes and files a map thereof according to law, dividing such lands into lots and laying out and dedicating streets upon such lands and has sold and conveyed or sells and conveys any of the lots designated on the map, he may, for the purpose of avoiding a multiplicity of actions, in his own name and notwithstanding any sale and conveyance made by him, maintain the action authorized by section 2A:62-1 of this title, which shall not be dismissed because the plaintiff has sold and conveyed any of the lots before the action is instituted. For the purposes of such action the title and possession of his grantees shall be the title and possession of the plaintiff. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-4 Jury trial; issues; place of trial

Upon the application of either party, a jury trial shall be directed to try the validity of a claim made to the affected lands, or to settle the facts, or any specified portion of the facts upon which the same depends. The trial may be held in and before a jury of a county other than that in which the lands involved are situate, whenever it is so ordered by the order directing such trial or by any other order made by the court in the cause. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-5 Determination of claims by court

When no jury trial is requested pursuant to section 2A:62-4 of this title, or as to the facts for which the same is not requested, the court shall proceed to inquire into and determine such claims, interest and estate. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-6 Scope of adjudication by court

The court shall, upon the verdict of the jury taken pursuant to section 2A:62-4 of this title, or upon its own inquiry and determination as provided by section 2A:62-5 of this title, finally settle and adjudge whether a defendant to the suit has an estate, interest or right in or lien or encumbrance upon the affected lands, or any part thereof, and what the same is and in or upon what part of the affected lands it exists. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-7 Effect of final adjudication

The final determination and judgment shall fix and settle the rights of the parties in the affected land and shall, except as provided by sections 2A:62-8 to 2A:62-10 of this title, be binding and conclusive upon all the parties to the action. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-8 Persons under disability; relief from judgment.

2A:62-8. If a defendant was, either at the time of the entry of a default against the defendant or at the time of the entry of the judgment, a minor or an incapacitated person, the defendant, or the defendant's heirs, may, unless the defendant was represented in the action by a guardian or a guardian ad litem, at any time within two years after the termination of the defendant's disability, appear in the action and apply for relief from the judgment. amended 2013, c.103, s.8.

N.J. Stat. § 2A:62-9 Opening judgment on application for relief

Upon an application for relief from the judgment as provided by section 2A:62-8 of this title the judgment shall be opened as to the applicant, and the cause may then proceed as if no judgment had been made against him. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-10 Effect of opening or vacating judgment.

2A:62-10. If the title to the lands which is the subject of the judgment sought to be opened pursuant to N.J.S.2A:62-8 and N.J.S.2A:62-9, has, by the judgment or in consequence thereof, been conveyed to a purchaser for value or mortgaged to a mortgagee for value, the title shall not be affected by either the opening or vacation of the judgment. The vacation of the judgment shall operate only against the plaintiff named in the judgment, the plaintiff's heirs, executors, and administrators, to compel compensation to the minor, or incapacitated person to the extent of the value of the plaintiff's interest in the affected real property at the time the property was so conveyed or mortgaged. amended 2013, c.103, s.9.

N.J. Stat. § 2A:62-11 By person in peaceable possession; action in the superior court

Any person in the peaceable possession of lands in this state, and claiming ownership thereof, may, if it is alleged or claimed or it is reputed that his title is defective, in that some other person may, at some time, claim to own the same or a part thereof, or some interest therein, or to hold a lien or encumbrance thereon, and the person so in possession is unable to ascertain the name or identity of such other person from a search of the title of such lands, extending back 60 years from the time of the commencement of the suit herein authorized, maintain an action, in the superior court, to settle the title to such lands and clear up all doubts concerning the same. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-12 Sections 2A:62-1 to 2A:62-10 applicable

The provisions of article 1 of this chapter (s. 2A:62-1 et seq.) shall so far as the same are consistent with the provisions of this article, extend to all cases in which the provisions of this article authorize an action to settle the title to lands in this state and clear up all doubts concerning the same. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-13 Persons not bound by judgment

No judgment entered pursuant to the provisions of this article shall affect the right of any other person claiming to own the lands involved, or a part thereof, or interest therein, or holding a lien or encumbrance thereon, whose title, claim or encumbrance would be disclosed by a search of the title of such lands for a period of 60 years immediately prior to the commencement of the action, who is not made a party defendant. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-14 Persons not bound by judgments and orders

All orders made and judgments entered in an action authorized by section 2A:62-11 of this title shall be binding upon all persons included in the classification "unknown claimants" and their heirs, devisees and personal representatives, and their or any of their successors in right, title and interest. The classification "unknown claimants" shall include all persons who may, as alleged or claimed or reputed in the complaint filed in a suit authorized by section 2A:62-11 of this title, at some time claim to own the affected lands, or a part thereof, or an interest therein or to hold a lien or encumbrance thereon, whose title, claim, lien or encumbrance cannot be ascertained by a search of the title of such lands for a period of sixty years immediately prior to the commencement of suit. L.1951 (1st SS), c.344; amended by L.1952, c. 203, p. 714, s. 1.

N.J. Stat. § 2A:62-15 Construction of article

This article shall be liberally construed to effect its purpose, which is to create a procedure by which it may be established that certain named persons have a marketable title to all of the estate in fee simple of lands defined by a judgment entered in such an action, so that there shall be no occasion for lands in this state being kept out of the market because of uncertainty as to who the owner of every interest therein may be. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-16 Sections 2A:62-1 to 2A:62-10 not affected

This article shall not, by implication or otherwise, be construed to affect any of the provisions of article 1 of this chapter (s. 2A:62-1 et seq.). L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-17 Persons entitled to maintain action

When a person claims to be entitled to a vested estate in remainder in lands in this state or to a remainder interest in personalty and his title thereto, or any part thereof, is denied or disputed, or another person claims or is claimed to own the same, or any part thereof or interest therein, or to hold a lien or encumbrance thereon, and no action to which he is a party is pending to enforce or test the validity of any alleged title, interest, claim, lien, or encumbrance, the person claiming to be entitled to the estate or in interest may maintain an action in the superior court to settle the title to the estate or interest and to clear up all doubts and disputes concerning the same. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-18 Jury trial; issues; adjudication by court

Upon the application of either party, a jury trial shall be directed to try the validity of the claims made to the estate or interest, or to settle the facts, or any specified portion of the facts upon which the same depends. When such jury trial is not requested, or as to the facts for which the same is not requested, the court shall proceed to inquire into and determine such claims, interest and estate, and shall, upon the verdict, or upon such inquiry and determination, finally settle and adjudge whether the defendant has any estate, interest or right in or encumbrance upon said estate in remainder in said lands or remainder interest in said personalty, or any part thereof, and what the same is and in or upon what part of said lands or personalty the same exists. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-19 Judgment; conclusiveness; opening judgment as to persons under disability.

2A:62-19. The final determination and judgment in an action authorized by N.J.S.2A:62-17 shall fix and settle the rights of all the parties in the estate in remainder in the lands or in the remainder interest in the personalty, and shall be binding and conclusive on all the parties to the action; but if any defendant to the suit is either at the time of the entry of a default or of judgment against the defendant, a minor or an incapacitated person, the defendant, the defendant's heirs or assigns may, unless the defendant was represented in the action by a guardian or a guardian ad litem, at any time within two years after the termination of the disability, appear in the action and apply for relief from the judgment. amended 2013, c.103, s.10.

N.J. Stat. § 2A:62-20 Persons entitled to maintain action

A person in the peaceable possession of lands in this state, claiming ownership thereof in fee simple under a deed therefor, or by or under descent or devise from the grantee thereof, which deed contains no covenants, conditions or agreements for the forfeiture and payment of money or penalties on breach thereof, or restrictions therein, may, when it is claimed or asserted by anyone that such lands are subject to covenants, conditions or agreements for the forfeiture and payment of money or penalties on breach thereof, or restrictions, contained in earlier deeds in the chain of title, and no action is pending to enforce or test the existence or validity of such covenants, conditions, agreements or restrictions, maintain an action in the superior court to settle the existence and validity thereof, and to clear up all doubts and disputes concerning the same. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-21 Jury trial; adjudication by court

Upon the application of either party, a jury trial shall be directed to try the validity of any claim specified in section 2A:62-20 of this title, or any specified portion of the facts upon which the same depends. When such jury trial is not requested, or as to the facts for which the same is not requested, the court shall proceed to inquire into and determine the validity and existence of the covenants, conditions, agreements and restrictions, and shall, upon the verdict, or upon such inquiry and determination, finally settle and adjudge whether the defendant has any right, title or interest in, under and to such covenants, conditions, agreements and restrictions, and determine the validity and existence thereof. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-22 Effect of final adjudication

The final determination and judgment of the court in an action brought pursuant to section 2A:62-20 of this title shall fix and settle the rights of the parties with respect to the existence and validity of the covenants, conditions, agreements or restrictions in dispute, which shall be binding and conclusive upon all the parties to the action. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-23 Action by attorney general

When a grant or conveyance in fee of riparian lands or lands under water, or both, has been or shall be made by the state, the riparian commission, the board of commerce and navigation, the division of navigation, in the department of conservation or the division of planning and development in the department of conservation and economic development to any person, who, or whose lessee or grantee under an unexpired lease or an estate for years not terminated is in possession of the lands, or any part thereof, and the state denies the validity of the grant or conveyance of the fee and desires to contest it, the attorney general may maintain an action in the superior court on behalf of the state to determine and settle the title to the affected lands and to clear up all doubts concerning the same. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-24 Jury trial; adjudication by court

Upon application of either party, a jury trial shall be directed to try the validity of any claim to the affected lands mentioned in section 2A:62-23 of this title, or to settle the facts or any specified portion of the facts upon which the same depends. When such jury trial is not required, or as to the facts for which the same is not requested, the court shall proceed to inquire into and determine such claims, interests or estates; and shall, upon the verdict, or upon such inquiry and determination, finally settle and adjudge whether such defendant has any estate, or right in such lands, or any part thereof, by virtue of such grant or conveyance in fee, and what such interest, estate or right is, and upon what part of such lands the same exists. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-25 Effect of final adjudication

The final determination and judgment of the court in an action authorized by section 2A:62-23 of this title shall fix and settle the rights of the parties in the affected lands, which shall be binding upon all the parties to the action. L.1951 (1st SS), c.344.

N.J. Stat. § 2A:62-26 Tender or payment into court not required; terms upon which grant or conveyance set aside

The attorney general need not, on behalf of the state, make or offer to make any tender or payment into court, either on or before filing the complaint. If the judgment of the court is in favor of the state, the court shall determine upon what equitable terms the grant or conveyance in fee shall be set aside and declared of no effect. L.1951 (1st SS), c.344.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026