Sussex County Special Warranty Deed Form (New Jersey)

All Sussex County specific forms and documents listed below are included in your immediate download package:

Special Warranty Deed Form

Sussex County Special Warranty Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Sussex County compliant document last validated/updated 9/26/2024

Special Warranty Deed Guide

Sussex County Special Warranty Deed Guide

Line by line guide explaining every blank on the form.
Included Sussex County compliant document last validated/updated 9/2/2024

Completed Example of the Special Warranty Deed Document

Sussex County Completed Example of the Special Warranty Deed Document

Example of a properly completed form for reference.
Included Sussex County compliant document last validated/updated 9/19/2024

When using these Special Warranty Deed forms, the subject real estate must be physically located in Sussex County. The executed documents should then be recorded in the following office:

Sussex County Clerk

Hall of Records - Cochran House Bldg - 83 Spring St, Suite 304, Newton, New Jersey 07860

Hours: 8:00 to 4:00 M-F / first Monday of month until 6:00

Phone: (973) 579-0900

Local jurisdictions located in Sussex County include:

  • Andover
  • Augusta
  • Branchville
  • Franklin
  • Glasser
  • Glenwood
  • Greendell
  • Hamburg
  • Highland Lakes
  • Hopatcong
  • Lafayette
  • Layton
  • Mc Afee
  • Middleville
  • Montague
  • Newton
  • Ogdensburg
  • Sparta
  • Stanhope
  • Stillwater
  • Stockholm
  • Sussex
  • Swartswood
  • Tranquility
  • Vernon
  • Wallpack Center

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Sussex County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Sussex County using our eRecording service.
Are these forms guaranteed to be recordable in Sussex County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sussex County including margin requirements, content requirements, font and font size requirements.

Can the Special Warranty Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Sussex County that you need to transfer you would only need to order our forms once for all of your properties in Sussex County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Jersey or Sussex County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Sussex County Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

In New Jersey, real property can be transferred from one party to another by executing a special warranty deed.

When a deed includes the statutory covenant that the grantor "will warrant specially the property hereby conveyed," it implies that the grantor and "his heirs and personal representatives, will forever warrant and defend the said property... against the claims and demands of all persons claiming by, through, or under him" (N.J.S.A. 46:4-8). So, a special warranty deed guarantees the title only against claims that arose during the time the grantor owned the property.

A lawful special warranty deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.

For New Jersey residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A conveyance to two or more unmarried persons is presumed to create a tenancy in common, unless otherwise stated. A conveyance to a married couple creates a tenancy by entirety, unless otherwise stated (N.J.S.A. 46:3-17, 46:3-17.3).

As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The deed should meet all state and county standards of form and content for recorded documents.

Deeds transferring new construction as the term is defined in N.J.S.A. 46:15-5(1)(g) should contain the words "NEW CONSTRUCTION" in all caps on the first page (N.J.S.A. 46:15-6(2)(c)).

If the conveyance is exempt from transfer taxes, explain why on the face of the deed. See N.J.S.A. 46:15-10 for transfer tax exemptions. A completed Affidavit of Consideration is required for deeds claiming exemption or partial exemption.

Attach an Affidavit of Consideration for Use By Seller (RTF-1) and an Affidavit of Consideration for Use By Buyer (RTF-1EE) to a deed transferring Class 4 property (residential, commercial, or industrial properties and apartments).

Record a Gross Income Tax Form (GIT/REP) with a deed when transferring real property in New Jersey. Consult the local recording office or tax assessor for guidance.

Sign the deed in the presence of a notary public or other authorized official. For a valid transfer, record the deed at the recording office in the county where the property is located. Contact the same office to confirm accepted forms of payment.

This article is provided for informational purposes only and is not a substitute for legal advice. Speak to an attorney with questions about special warranty deeds or for any other issues related to transfers of real property in New Jersey.

(New Jersey SWD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Sussex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Sussex County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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