reglab/housing_qa huggingface dataset:
25 DE Code § 172. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter IV. Powers of Attorney|§ 172. Acknowledgment of deed after recording letter of attorney.

§ 172. Acknowledgment of deed after recording letter of attorney. When a letter of attorney to sell and dispose of lands is acknowledged or proved and the acknowledgment or proof is certified and it is recorded as required by law, a deed may be acknowledged by the attorney in such letter, in any county, before any judge of this State, or notary public, or 2 justices of the peace for the same county, if the letter of attorney authorizes such acknowledgment. An authority to sell or dispose of premises, if not restrained, shall extend to authorize the acknowledgment of a deed therefor. Code 1852, §  1624;  Code 1915, §  3211;  Code 1935, §  3672;  25 Del. C. 1953, §  172;
25 DE Code § 173. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter IV. Powers of Attorney|§ 173. Power of married woman to make letter.

§ 173. Power of married woman to make letter. A married woman may make a letter of attorney the same as though she were a femme sole. Code 1852, §§  1625, 1469;  15 Del. Laws, c. 467;  Code 1915, §§  3047, 3212;  Code 1935, §§  3540, 3673;  25 Del. C. 1953, §  173;  70 Del. Laws, c. 186, §  1;
25 DE Code § 174. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter IV. Powers of Attorney|§ 174. Persons serving with armed forces.

§ 174. Persons serving with armed forces. (a) No agency created by a power of attorney in writing given by a principal who is at the time of execution, or who, after executing such power of attorney, becomes either:  (1) A member of the armed forces of the United States; or (2) A person serving as a merchant seaman outside the limits of the United States, included within the 50 states and the District of Columbia; or (3) A person outside the limits by permission, assignment or direction of any department or official of the United States government in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, shall be revoked or terminated by the death of the principal, as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, has acted or acts, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees or personal representative of the principal. (b) An affidavit executed by the attorney-in-fact or agent setting forth that he has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death or otherwise, or notice of any facts indicating the same, shall, in the absence of fraud, be conclusive proof of the nonrevocation or nontermination of the power at such time. If the exercise of the power requires execution and delivery of any instrument which is recordable under the laws of this State, such affidavit (when authenticated for record in the manner prescribed by law) shall likewise be recordable. (c) No report or listing, either official or otherwise, of “missing” or “missing in action,” as such words are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency. (d) This section shall not be construed so as to alter or affect any provision for revocation or termination contained in such power of attorney. Code 1935, §  3673A;  45 Del. Laws, c. 228, §  1;  25 Del. C. 1953, §  174;
25 DE Code § 180. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter V. Electronic Recording|§ 180. Short title.

§ 180. Short title. This subchapter may be cited as the “Uniform Real Property Electronic Recording Act.” 75 Del. Laws, c. 23, §  1;
25 DE Code § 181. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter V. Electronic Recording|§ 181. Definitions in this subchapter.

§ 181. Definitions in this subchapter. (a) “Document” means information that is:  (1) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (2) Eligible to be recorded in the land records maintained by the recorder. (b) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (c) “Electronic document” means a document that is received by the recorder in an electronic form. (d) “Electronic recording commission” means the commission established by § 184 of this title. (e) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. (f) “Paper document” means a document that is received by the recorder in a form that is not electronic. (g) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (h) “Recorder” means the recorder of deeds for the county in which a document is received. (i) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. 75 Del. Laws, c. 23, §  1;
25 DE Code § 182. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter V. Electronic Recording|§ 182. Validity of electronic documents.

§ 182. Validity of electronic documents. (a) If a law requires, as a condition for recording, that a document be an original, be on paper or other tangible medium, or be in writing, an electronic document satisfying this subchapter satisfies the law. (b) If a law requires, as a condition for recording, that a document be signed, an electronic signature satisfies the law. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature. 75 Del. Laws, c. 23, §  1;
25 DE Code § 183. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter V. Electronic Recording|§ 183. Recording of documents.

§ 183. Recording of documents. (a) A recorder who implements any of the functions described in this section shall do so in compliance with standards established by the electronic recording commission. (b) A recorder may receive, index, store, archive, and transmit electronic documents. (c) A recorder may provide for access to, and for search and retrieval of, documents and information by electronic means. (d) A recorder who accepts electronic documents for recording shall continue to accept paper documents and shall place entries for both types of documents in the same index. (e) A recorder may convert paper documents accepted for recording into electronic form. The recorder may convert into electronic form information recorded before the recorder began to record electronic documents. (f) Any fee or tax that a recorder is authorized to collect may be collected electronically. (g) A recorder and other officials of a state or a political subdivision thereof, or of the United States, may agree on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes. 75 Del. Laws, c. 23, §  1;
25 DE Code § 184. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 1. Deeds|Subchapter V. Electronic Recording|§ 184. Uniform standards.

§ 184. Uniform standards. (a) An electronic recording commission is created to adopt standards to implement this subchapter. The commission must consist of the recorder for each county of the State and 2 members at large appointed by the Secretary of State. (b) The electric recording commission shall promote harmony and uniformity of standards and practices in the use of electronic recording so far as is consistent with the purposes, policies, and provisions of this subchapter. When adopting, amending, and repealing standards, the commission shall consider standards and practices of other jurisdictions; the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; the views of interested persons and other governmental entities; the needs of counties of varying size, population, and resources; and the need for security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. 75 Del. Laws, c. 23, §  1;
25 DE Code § 701. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter I. General Provisions|§ 701. Creation of estate in joint tenancy; exception.

§ 701. Creation of estate in joint tenancy; exception. No estate, in joint tenancy, in lands, tenements or hereditaments shall be held or claimed by or under any grant, devise or conveyance made to any persons, other than to executors or trustees, unless the premises therein mentioned are expressly granted, devised or conveyed to such persons, to be held as joint tenants and not as tenants in common. Code 1852, §  1720;  Code 1915, §  3270;  Code 1935, §  3734;  25 Del. C. 1953, §  701;
25 DE Code § 702. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter I. General Provisions|§ 702. Actions for use and occupation between cotenants.

§ 702. Actions for use and occupation between cotenants. A tenant in common or a joint tenant or a coparcener may maintain against a cotenant an action for use and occupation. Code 1852, §  1721;  Code 1915, §  3271;  Code 1935, §  3735;  25 Del. C. 1953, §  702;  70 Del. Laws, c. 186, §  1;
25 DE Code § 721. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 721. Petition for partition; persons entitled to apply.

§ 721. Petition for partition; persons entitled to apply. (a) When any 2 or more persons hold lands and tenements within this State as joint tenants or tenants in common, or as parceners under the intestate laws of this State, or when any persons hold an interest either in possession or in remainder in lands and tenements within this State, as members of a class, which class may be enlarged by the happening of a future contingency, any 1 or more of them, being of lawful age, or the guardian of any being under age, may present a petition to the Court of Chancery of the county wherein the lands and tenements are situate, or, if such real estate is situate in several counties, then to the Court of Chancery of either county wherein any of the real estate is situate. The petition shall state the facts, describe the lands and tenements so held, and pray partition thereof among the several parties entitled to such lands and tenements according to their several and respective interests. (b) Thereupon, the Court of Chancery, or any Judge thereof in vacation, shall order a summons in partition to be issued, directed to the persons interested, who may not have joined in such petitions, returnable on some day, which shall not be less than 20 days after the date of such order requiring such persons to appear before the Court of Chancery, and show cause why partition of the premises should not be made, according to the prayer of the petition. (c) Partition may be had notwithstanding the share held by any parcener, joint tenant or tenant in common may be for a less estate than a fee, or may be limited over after an estate for life, or any estate therein. A partition shall bind all tenants of their share in remainder, reversion or expectancy who are entitled only to that part of the lands partitioned which may be set off in severalty to the share upon which such remainder or expectancy is limited. If no partition is made, but a sale of the lands is had and confirmed, the rights of all parties in interest, whether in possession, remainder, reversion or expectancy, shall cease and terminate as to the land and be transferred to the proceeds of the sale thereof. (d) Where a remainder, reversion or expectancy is limited over to any person in being, such person shall be served with like summons and in the same manner as is provided by law with respect to service of summons in partition causes. Code 1852, §  1727;  Code 1915, §  3272;  34 Del. Laws, c. 200, §  1;  35 Del. Laws, c. 197, §  1;  Code 1935, §  3736;  25 Del. C. 1953, §  721;
25 DE Code § 722. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 722. Service of summons.

§ 722. Service of summons. (a) If a party, named in the summons for partition cannot be found in the county, to be served personally, service may be made by leaving a copy of the summons at the usual place of abode of such party within the county at least 6 days before the return day thereof in the presence of an adult person, or, if such party has no known place of abode within the county and cannot be served personally, and his appearance is not duly entered at the return of the summons, the Court shall make such further order for service of the summons as seems proper to it. (b) In case it appears to the Court by the petition and affidavit or other proof at the hearing of the petition, that any persons interested in the proceedings other than the petitioners are nonresidents of the State and cannot be served personally with a summons in partition, an order may be made for the appearance of the nonresidents at a day to be fixed by the Court in order. The day fixed shall not be less than 2 weeks after the date of the order. The order shall likewise prescribe the manner of serving notice thereof on the nonresidents. Code 1852, §  1728;  Code 1915, §  3273;  33 Del. Laws, c. 213;  Code 1935, §  3737;  25 Del. C. 1953, §  722;
25 DE Code § 723. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.

§ 723. Unknown or uncertain parties in interest; description in petition; service by publication. If in any cause in partition it is unknown whether any person shown by the facts set forth in the petition to be interested in the lands and premises, or any of them, of which partition is desired is living or dead, or in any case where the person is dead and it is unknown whether that person left any heirs or any of the heirs are unknown, then the petition may describe such unknown heirs as the heirs of the person who, if living, would be a proper party, and the petition, in cases under this section, shall pray that notice of the substance and object thereof may be given by publication as provided by § 722 of this title and the rules of the Court of Chancery for publication in cases of nonresidents. Upon such a petition the Court shall order notice to be given to the heirs of such deceased person by publication. Code 1915, §  3298;  Code 1935, §  3762;  25 Del. C. 1953, §  723;  70 Del. Laws, c. 186, §  1;
25 DE Code § 724. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 724. Decree of partition; appointment and duties of commissioners.

§ 724. Decree of partition; appointment and duties of commissioners. Upon the return of the summons, if the parties summoned do not appear, or appearing fail to show sufficient cause against making partition of the premises, the Court of Chancery shall enter upon the record of the Court a decree that the partition be made among the parties interested, stating the shares to be allotted to them, respectively. The Court may then direct that a commission be issued, directed to 3 freeholders of the county to be appointed in the decree as commissioners, authorizing and directing them, after being duly sworn or affirmed, according to the best of their skill and judgment, to go upon the premises and make a just and fair partition thereof amongst the parties in the proportions mentioned in the commission. The commission shall further direct the commissioners that, if in their opinion a partition of the premises will be detrimental to the interests of the parties entitled, the commissioners shall make no partition, but shall appraise the whole of the premises at the true value in money; and that they shall duly return their proceedings, under their hands and seals, according to the command of the commission, with a survey of the premises, when lands are divided, to be made by some skilful surveyor to be appointed by them, and to be sworn or affirmed. The Court may vary the terms of the commission and the oath or affirmation to be taken by the commissioners if necessary to carry into effect the purpose of such commission under this chapter. The acts of a majority of the commissioners shall be valid as if done by the whole. Code 1852, §  1729;  Code 1915, §  3274;  Code 1935, §  3738;  25 Del. C. 1953, §  724;
25 DE Code § 725. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 725. Appointment of a new commission.

§ 725. Appointment of a new commission. If from any cause a commission is returned without partition, subdivision or appraisement of the premises, or 1 or more of the freeholders dies, becomes or is declared incompetent to serve as a commissioner, before the return, or for any cause it is deemed equitable by the Court of Chancery that a new commission should be appointed, the Court may in its discretion appoint a new commission. Code 1852, §  1692;  Code 1915, §  3275;  Code 1935, §  3739;  25 Del. C. 1953, §  725;
25 DE Code § 726. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 726. Final decree of partition.

§ 726. Final decree of partition. If, upon the return of the commissioners, it appears that partition of the premises has been made, as directed, and the partition is approved by the Court of Chancery, a final decree shall be entered that the partition shall remain firm and stable forever, and the proceedings and decree shall be conclusive upon the parties and all claiming under them. Code 1852, §  1732;  Code 1915, §  3276;  Code 1935, §  3740;  25 Del. C. 1953, §  726;
25 DE Code § 727. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 727. Proportionment of shares among issue claiming by stocks.

§ 727. Proportionment of shares among issue claiming by stocks. Whenever the issue of any child or other kindred of an intestate claim according to stocks by right of representation, the representatives, however numerous, of 1 stock, shall have, among them, 1 share proportioned to their aggregate interest, which share, if allotted to several, shall be subdivided among the parties to whom it is allotted; and further subdivision, if necessary, shall be made, until the share of each owner is apportioned to each such owner in severalty; and the partition shall be the same, whether the deceased child or other kindred whose issue are parties died before or after the decease of the intestate. Code 1852, §  1680;  Code 1915, §  3277;  Code 1935, §  3741;  25 Del. C. 1953, §  727;  70 Del. Laws, c. 186, §  1;
25 DE Code § 728. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 728. Procedure upon petition by all interested parties.

§ 728. Procedure upon petition by all interested parties. Upon the petition of all the persons of lawful age entitled to or holding lands and tenements as joint tenants, tenants in common or parceners, together with the guardians of such as are not of lawful age, the Court of Chancery shall, without the issuance of a summons, enter a decree for partition, and may order the issuance of a commission for making the partition. The commission shall be proceeded in, executed and returned, and final decree entered thereon in the same manner and with the same effect as provided in this subchapter. Code 1852, §  1733;  28 Del. Laws, c. 225;  Code 1915, §  3278;  Code 1935, §  3742;  25 Del. C. 1953, §  728;
25 DE Code § 729. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 729. Appointment of trustee for public sale of premises; conveyance by trustee.

§ 729. Appointment of trustee for public sale of premises; conveyance by trustee. If from the return of the commissioners it appears that no partition of the premises has been made, and the return is approved by the Court, or if it is shown otherwise to the Court that partition of the premises will be detrimental to the interests of the parties entitled, the Court shall make an order for the sale of the premises by a trustee appointed for that purpose, at public vendue, to the highest bidder, upon notice of the time and place of the sale as prescribed in the order. After the sale is approved by the Court, and the purchase money is first paid into Court, or secured in such manner as the Court directs, the Court shall order a deed to be executed by the trustee conveying the premises to the purchaser. Code 1852, §  1734;  Code 1915, §  3279;  Code 1935, §  3743;  25 Del. C. 1953, §  729;
25 DE Code § 730. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 730. Allotment of primary interests.

§ 730. Allotment of primary interests. If it appears to the commissioners that partition of the lands mentioned in the petition for partition can be made among the primary interests and that a partition of the lands among all persons entitled would be detrimental to such persons, the commissioners shall make a return, with an allotment, accordingly, and shall also appraise the value of all of the lands in money. At any time after such a return of the commissioners and before final decree, any joint tenants, tenants in common or parceners representing an entire primary interest so allotted may apply to the Court to have the share or part of the lands, found by the return to belong to the primary interest, allotted to the persons entitled to the primary interest in kind, to hold to them in severalty or as tenants in common or as joint tenants or parceners as the case may be. In such case the Court may make an allotment of the primary interest concerned in the application, order a sale of the residue of the lands, and make distribution of the proceeds thereof, in accordance with this chapter. Code 1852, §  1686;  Code 1915, §  3280;  Code 1935, §  3744;  25 Del. C. 1953, §  730;
25 DE Code § 731. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 7. Joint Estates and Partition|Subchapter II. Partition Proceedings|§ 731. Deed upon death of purchaser.

§ 731. Deed upon death of purchaser. If the purchaser of any lands and premises sold under the provisions of this chapter dies before the return and confirmation of the sale and deed made accordingly, the Court of Chancery, under its general equity powers in this behalf, may, upon the payment or securing of the purchase money, in accordance with the provisions of this chapter, direct the deed to be made to the persons entitled in such case to the lands and premises so sold. Code 1915, §  3281;  Code 1935, §  3745;  25 Del. C. 1953, §  731;