46:22-2 - Deeds containing exceptions or reservations void as against subsequent purchasers and mortgagees unless prior deeds referred to recorded
46:22-2. Deeds containing exceptions or reservations void as against subsequent purchasers and mortgagees unless prior deeds referred to recorded
Whenever, heretofore or hereafter, a deed of conveyance of real estate shall have been made by a general description, by metes and bounds or otherwise, and such deed shall contain a clause excepting all lots or parts of the real estate described in such deed, which may have been theretofore sold or conveyed, or other words indicating that some parts of the real estate described had been theretofore sold or conveyed, or that only such portion of the real estate described in such deed then remaining unsold or conveyed were intended to be conveyed by such deed, or a general exception or reservation as to the conveyance of any portion of such real estate by prior owner or owners, such exceptions or reservations shall be void and of no effect against subsequent bona fide purchasers and mortgagees in good faith, for a valuable consideration, not having any other notice of any conveyance or conveyances made by such prior owner or owners than the notice contained in the deed containing such exceptions, unless the deed or deeds of conveyance made by such prior owner or owners, and to which any such exception or reservation may refer, shall, within five years of the date of record of the deed or deeds containing the exceptions or reservations as aforesaid, be recorded in the office of the county recording officer of the county in which such real estate is situate.