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Under New Jersey recording law, which of the following instruments is generally NOT required to be recorded in order to be valid and enforceable between the original parties to the transaction?

Correct Answer

C) A lease agreement for a term of three years or less

Under New Jersey law, short-term leases — generally those for a term of three years or less — are enforceable between the original parties without recording. Recording is not required for a lease of this duration to be valid and binding between landlord and tenant. The recording requirement primarily protects against subsequent third-party claimants (bona fide purchasers and encumbrancers), and short leases are treated as an exception because they are visible through possession and inspection.

Answer Options
A
A deed conveying fee simple title to residential property
B
A mortgage securing a loan on commercial property
C
A lease agreement for a term of three years or less
D
A long-term ground lease for a term of 99 years

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Background Knowledge for Property Ownership

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Related Topics & Key Terms

Key Terms:

recordingleaseshort_term_leaserecording_exceptionsenforceability

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