Palamarg Realty Company v. Rehac

387 A.2d 1233, 159 N.J. Super. 287
CourtNew Jersey Superior Court Appellate Division
DecidedMay 10, 1978
StatusPublished
Cited by4 cases

This text of 387 A.2d 1233 (Palamarg Realty Company v. Rehac) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palamarg Realty Company v. Rehac, 387 A.2d 1233, 159 N.J. Super. 287 (N.J. Ct. App. 1978).

Opinion

159 N.J. Super. 287 (1978)
387 A.2d 1233

PALAMARG REALTY COMPANY AND WORLD WIDE SEARCHERS, INC., PLAINTIFFS-APPELLANTS,
v.
JOSEPH REHAC AND ALEXANDER PIATKOWSKI, A NEW JERSEY PARTNERSHIP, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Argued May 1, 1978.
Decided May 10, 1978.

*289 Before Judges MICHELS, PRESSLER and BILDER.

Mr. Louis A. Veronica argued the cause for appellants (Messrs. Veronica & Meloni, attorneys).

*290 Mr. Frans M. De Nie argued the cause for respondents (Messrs. Pascoe, Woodward, De Nie & Giampetro, attorneys; Mr. William H. Woodward on the brief).

The opinion of the court was delivered by PRESSLER, J.A.D.

The parties to this action, two competing groups of land speculators, each claim title to a 429-acre tract of land in Burlington County. There being no genuine issue of material fact, each moved for summary judgment quieting its respective title. Plaintiffs appeal from the trial judge's denial of its motion and grant of defendants.

Each of the competing chains of title here derives from a common grantor, The Asbury Company. Insofar as the record shows The Asbury Company sometime prior to February 1913 acquired title to two large tracts of land in Burlington County. One such tract had apparently been conveyed to it by J. Randolph Appleby, The Asbury Company's president, Appleby having acquired the tract from Walter and Elizabeth Pharo in 1900. The other tract had been conveyed to it by the Appleby & Wood Company which had acquired it in 1899 from Andrew and Mary Bogert and Cornelius Christy. All of these referred-to conveyances which resulted in The Asbury Company's title were duly recorded.

On February 12, 1913 The Asbury Company by quitclaim deed conveyed both of the tracts, described by back title recitations, to Appleby Estates, another company of which J. Randolph Appleby was president. This deed was recorded on February 18, 1913, six days later. On February 15 of the same year, The Asbury Company conveyed to one Robert E. Taylor for a stated consideration of $825 a 429-acre portion of the Pharo tract, particularly described by metes and bounds. That deed, a bargain and sale deed, containing no back title recitations, was not recorded until April 25, 1913. Plaintiffs claim through The Asbury Company-Appleby *291 Estates chain. Defendants claim through The Asbury Company-Robert E. Taylor chain.

The next recorded instrument in The Asbury Company-Appleby Estates chain is a deed back from Appleby Estates to The Asbury Company dated January 7, 1924. This deed conveys to The Asbury Company, together with other tracts, the two tracts The Asbury Company had conveyed to it 11 years before described by the original back title recitations. The 1924 deed back, however, purported to except from the Pharo tract some 19 separate parcels purportedly theretofore conveyed out by Appleby Estates, each such parcel described only as an amount of acreage to a named grantee. The reconveyance by Appleby Estates to The Asbury Company of the Bogert tract was subject to three such exceptions. One of the Pharo tract exceptions is described simply as "429 Acres to Robert E. Taylor." No recording information, back title information, metes and bounds description, or indeed any other identification of the purported exception is stated. There was, of course, no conveyance at all by Appleby Estates to Taylor. The 1913 conveyance to Taylor had been by The Asbury Company.

The recent history of the Appleby Estates chain commenced in 1966 with the first recorded conveyance in that chain since the 1924 deed. On August 15, 1966 Appleby Estates and Appleby & Wood Company, by their surviving director and trustee in dissolution, joined with The Asbury Company as grantors in a quitclaim deed conveying to the Anthony J. DelTufo Agency, Inc. "all of the real property owned by the grantors herein wherever situate within the boundaries of the County of Burlington in the State of New Jersey." The title, if any, thus obtained by Anthony J. DelTufo Agency, Inc. was acquired by plaintiff by mesne conveyances.

The history of the Taylor chain is characterized essentially by similar recent activity. In 1932 Taylor conveyed by recorded deed to one Ruth McCrea. In 1963 Ruth McCrea *292 conveyed to the Kupire Corp. defendants grantor, who conveyed to defendants in 1973.[1]

Based on this factual complex, all a matter of title record in Burlington County, the trial judge concluded that the Taylor chain was superior to the Appleby Estates chain. His first basis for this conclusion was that Taylor, having taken title prior to the recording of the Appleby Estates deed, was entitled to rely on there having been no intervening conveyance. He also concluded that it was the presumed intention of The Asbury Company to have excepted from the conveyance to Appleby Estates that portion of the Pharo tract which it apparently had already planned to convey to Taylor and which it did so convey three days later. In our view the judge erred with respect to both of these grounds by misapplying the provisions of the recording statutes of this State and the public policy consideration underlying them. For the reasons hereafter set forth, we have no doubt that the Appleby Estates title was, in 1913, superior to that of Taylor, and the only real question here involved relates to the significance to be accorded to the 1924 deed back from Appleby Estates to The Asbury Company.

Since 1898, and by reason of the adoption of what is now N.J.S.A. 46:21-1 and 46:22-1, New Jersey has been a relatively strict record-notice state. N.J.S.A. 46:21-1 provides simply that a recorded deed is notice to all of its execution and of its contents. N.J.S.A. 46:22-1 provides that every recordable instrument

* * * shall, until duly recorded * * * be void and of no effect * * * against all subsequent bona fide purchasers * * * for valuable consideration, not having notice thereof, whose deed shall have been first duly recorded or registered * * *,

*293 The fundamental purpose of our recording legislation is clearly to provide stability and certainty in land ownership by permitting subsequent takers in a chain to rely on what the record shows. Thus, as this court has recently observed, "Public policy requires that the Recording Act should be strictly construed." N.J. Bank v. Azco Realty Co., Inc., 148 N.J. Super. 159, 166 (App. Div. 1977). And see VanDyke v. Carol Building Co., 36 N.J. Super. 281, 286 (App. Div. 1955); Glorieux v. Lighthipe, 88 N.J.L. 199 (E. & A. 1915). The objective of stability and certainty of titles has indeed led one commentator to characterize the public policy of the act as one "clearly favoring the recording purchaser at the expense of the non-recording prior purchaser" and to observe that implementation of this policy requires "first, that the recording purchaser be favored with all presumptions as to law and fact; and, second, that he be charged only with such notice from the records as can be ascertained by a reasonable search of those records." Jones, "The New Jersey Recording Act ____ A Study of its Policy," 12 Rutg. L. Rev. 328, 334 (1958). With respect to the first of these requirements, see Venetsky v. West Essex Bldg. Supply Co., 28 N.J. Super. 178 (App. Div. 1953), holding that

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Bluebook (online)
387 A.2d 1233, 159 N.J. Super. 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palamarg-realty-company-v-rehac-njsuperctappdiv-1978.