reglab/housing_qa huggingface dataset:
25 DE Code § 911. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 9. Waste|§ 911. Injunction or writ of estrepement upon petition of lienholder.

§ 911. Injunction or writ of estrepement upon petition of lienholder. Upon the petition of a person holding any lien upon real estate, whether by judgment, recognizance, mortgage, or otherwise, the Court of Chancery may, in a proper case, award an injunction, or the Superior Court of the county, wherein such real estate is situate, may award a writ of estrepement, for the purpose of restraining waste upon the premises subject to the lien. Code 1852, §  1766;  Code 1915, §  3333;  Code 1935, §  3798;  25 Del. C. 1953, §  911;
25 DE Code § 1101. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1101. Unauthorized removal of landmarks and marking of boundary trees; penalty.

§ 1101. Unauthorized removal of landmarks and marking of boundary trees; penalty. No person shall cut, fell, alter or remove any boundary tree or other landmark, nor shall any person, without lawful authority, mark any boundary tree upon any land that is not person's own, under penalty of forfeiting $200 to the party wronged. Code 1852, §  987;  Code 1915, §  3616;  Code 1935, §  4165;  25 Del. C. 1953, §  1101;  69 Del. Laws, c. 359, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1102. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1102. Perpetuating testimony of boundaries.

§ 1102. Perpetuating testimony of boundaries. (a) Any person interested in perpetuating testimony respecting boundaries or landmarks may file a petition in the Court of Chancery representing the case, and naming the tenants and the owners of adjoining land, and praying for an order to take depositions to perpetuate testimony respecting the bounds. A summons shall be issued for summoning the tenants and owners to appear and show cause if they have any objection to such order. If any of them cannot be found, the Court may order proper service or publication of notice to them. If no sufficient objection is shown, the Court shall order that commission issue to 1 or more persons to take depositions on interrogatories filed after 10 days written notice of the filing thereof. Notice to an attorney or solicitor of record shall be sufficient notice to the party for whom he appears, and notice need not be given to any person not residing in the county where the lands lie. (b) Each party may produce witnesses to be examined under the commission. The Court may suppress the depositions and make new orders, or it may order the depositions to be recorded, and they shall then be evidence against the parties to the petition and their privies in any suit or controversy in which the bounds which they concern shall come in question, in case of the death of the witnesses or inability to procure their attendance. (c) If any person is not summoned or notified, the order for commission may be made without notice to that person; but that person shall not be affected by the proceedings. (d) Each party shall bear the costs of the attendance and examination of witnesses produced by each such party; all the other costs shall be paid by the petitioner. (e) The commissioners may employ a clerk. The commissioners and the clerk shall be sworn faithfully to perform their duty. A commission directed to several may be joint and several. Code 1852, §§  988-992;  Code 1915, §  3617;  Code 1935, §  4166;  25 Del. C. 1953, §  1102;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1103. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1103. Marking and bounding lands; procedure.

§ 1103. Marking and bounding lands; procedure. (a) Any person seised of any estate in possession, reversion or remainder, or possessed of any term, not less than 15 years, in any lands, the bounds of which are unknown or are in danger of being lost, may apply to the Superior Court in the county where the lands are situate for a commission to mark and bound the estate. The Court may issue the commission to any 5 persons agreed on by the parties or appointed by the Court, but no surveyor shall be appointed on such commission. (b) Three months notice of the application shall be given by advertisements posted at the courthouse door of the county and at 5 public places of the 100 where the land lies, and also delivered to the persons in possession of the adjoining lands or left at their dwellings, and to the owners of such lands, if within the State. If the lands are unoccupied or the owners unknown, the Court may direct the service or the publication of notice, as shall be judged proper. Code 1852, §§  993, 994;  Code 1915, §  3618;  Code 1935, §  4167;  25 Del. C. 1953, §  1103;
25 DE Code § 1104. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1104. Notice of commission meeting; powers of commission; recording of certificate.

§ 1104. Notice of commission meeting; powers of commission; recording of certificate. The commissioners shall give at least 20 days notice of their meeting to execute the commission by advertisements at the courthouse door and at 5 public places in the 100 where the land lies; and shall meet on the land accordingly. They shall be sworn to mark and bound the land mentioned in the commission most agreeably to the true original location thereof, according to the evidence, without favor, affection or partiality, according to the best of their experience, ability and judgment, and make true return thereof. They may direct writs of summons for witnesses to be issued out of the Court, and the neglect of the witnesses to attend may be punished as a contempt of court. They may cause the land mentioned in the commission, or any other land, to be surveyed, and may appoint 1 or more surveyors and chain carriers to make the survey, and may swear them to do their duty faithfully and impartially, according to the best of their skill and ability. They may also swear the witnesses. They may adjourn from time to time. The commissioners, or a majority of them concurring, shall cause the land mentioned in the commission to be marked and bounded according to its true original location, and shall return a certificate of the marked bounds or lines to the Court, under their hands, which return shall be recorded in the recorder's office of the county, unless it is set aside by the Court for irregularity. Code 1852, §  995;  Code 1915, §  3619;  Code 1935, §  4168;  25 Del. C. 1953, §  1104;
25 DE Code § 1105. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1105. Effect of commission's return; savings provision.

§ 1105. Effect of commission's return; savings provision. If suit is not brought within 7 years from the return to controvert the decision of the commissioners, or in which the accuracy of the bounds or lines fixed by them is questioned, the record of the return shall be conclusive evidence of the original location of the land, and of the lines and boundaries. If the return shall, in any such suit, be confirmed in any particular by the verdict of a jury, it shall be conclusive to that extent, as between the same parties and those claiming under them, or any of them; saving to infants, and persons mentally ill, imprisoned, or beyond sea, and those claiming under them, the right to bring any such suit, within 5 years from the removal of their disability. The term of 7 years shall not begin to run against any person while that person is in possession of the land in controversy. Code 1852, §  996;  Code 1915, §  3620;  Code 1935, §  4169;  25 Del. C. 1953, §  1105;  49 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1106. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1106. Boundaries fixed by agreement of parties.

§ 1106. Boundaries fixed by agreement of parties. If any lines or boundaries are ascertained and fixed by agreement of parties, they shall not be disturbed by any commission, as between the same parties or those claiming under either of them. If any persons agree to ascertain and fix the lines or boundaries of their land, the agreement and a plot of the land so settled may, by the consent of the parties interested, be recorded, and shall have the same effect as if the location of the land had been settled by commissioners. Code 1852, §  997;  Code 1915, §  3621;  Code 1935, §  4170;  25 Del. C. 1953, §  1106;
25 DE Code § 1107. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1107. Right of holders of separate parts of tract or of younger survey to a commission.

§ 1107. Right of holders of separate parts of tract or of younger survey to a commission. When several persons hold separate parts of the same tract, they, or any of them, may have a commission to mark and bound the whole, as well as the several parts thereof. When any person holding a younger survey is interested in the locating of interfering or neighboring elder surveys, he shall have a commission to mark and bound the elder survey. Three months' written notice shall be given to the person seised of the elder tract of the intention to apply for such commission. The commission may be obtained only if the person seised of the elder tract neglects to apply for and obtain the commission. The commission shall be executed in like manner and have the same effect as if obtained by a person seised of the land therein mentioned. Code 1852, §  998;  Code 1915, §  3622;  Code 1935, §  4171;  25 Del. C. 1953, §  1107;
25 DE Code § 1108. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 11. Boundaries|§ 1108. Fees of commissioners, surveyors, chain carriers and witnesses.

§ 1108. Fees of commissioners, surveyors, chain carriers and witnesses. Each commissioner shall be entitled to $1.00 per day for each such commissioner's services, each surveyor to $2.00 per day, the chain carriers to 80 cents per day, and each witness to 50 cents per day, to be paid by the person at whose request the service is performed. The Court may compel payment by attachment. Code 1852, §  999;  Code 1915, §  3623;  Code 1935, §  4172;  25 Del. C. 1953, §  1108;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1301. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 13. Fences|§ 1301. Lawful fences; height; barbed wire.

§ 1301. Lawful fences; height; barbed wire. A good fence of wood, iron, wood and iron rods or wire, stone, or well set thorn, 41/2 feet high or 4 feet high and having a ditch within 2 feet of it, shall be deemed a lawful fence in New Castle and Kent Counties, and in Sussex County 4 feet shall be the height of lawful fences. Barbed wire shall not be used for division fences except by the mutual consent of the owners of the properties divided by such fences. No fence of any kind which is composed in whole or in part of, or to which there is or has been added, barbed wire, razor wire or any barbed wire type of fencing material shall be permitted in any residential district without prior approval of the county or municipal zoning board or its board of adjustment, unless the property being enclosed by such fence is being used for farming or educational purposes. Code 1852, §  1000;  19 Del. Laws, c. 656;  Code 1915, §  3624;  Code 1935, §  4173;  25 Del. C. 1953, §  1301;  71 Del. Laws, c. 157, §  1;
25 DE Code § 1302. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 13. Fences|§ 1302. Liability for trespasses; fence-viewers to assess damages.

§ 1302. Liability for trespasses; fence-viewers to assess damages. If any horse, cattle, goat, sheep or hog trespasses on any grounds enclosed with lawful fence, the owner of the animal so trespassing shall pay such damages as shall be awarded by the fence-viewers. Any person having unruly horses, goats, sheep, hogs or cattle, which break through lawful fences, shall, after notice thereof, be liable for double damages for any trespass committed by such animal, after such notice, to be awarded by the fence-viewers. Code 1852, §  1001;  Code 1915, §  3625;  Code 1935, §  4174;  25 Del. C. 1953, §  1302;
25 DE Code § 1303. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 13. Fences|§ 1303. Fence-viewers; appointment; powers; quorum; compensation.

§ 1303. Fence-viewers; appointment; powers; quorum; compensation. (a) The Superior Court shall annually appoint not more than 8 nor less than 5 persons in each hundred to be fence-viewers. The fence-viewers shall be the sole judges of the sufficiency of any fences, of the charges of making or repairing partition or other fences, and how borne, and of damages by animals trespassing. (b) Any 3 of the fence-viewers may act, and the majority of those acting may decide any pertinent matter. (c) The person whose name heads the list of fence-viewers in the respective hundreds shall act as chair, and in that person's absence the second person so listed shall be chair, and in that second person's absence the chair shall be the next in order of the names listed. The chair shall make a record of the terms of settlement in each dispute and shall keep such records available until all terms of settlement have been complied with. One month before the date of appointing fence-viewers for the ensuing year, the chair shall submit to the prothonotary of the respective counties the names of any present members who desire their names to be removed from the list of fence-viewers, stating the reasons therefor. (d) The fence-viewers shall be allowed $8.00 per day and 7 cents per mile for travel to and from the point of dispute. The chair shall receive in addition to fees received by other members the further sum of $1.00 for each day as stated. The fees and mileage allowances shall be paid for each necessary trip made in connection with a dispute. (e) The chair shall submit and certify to the Levy Court or County Council of the county in which services as fence-viewers have been performed a list of the names of those fence-viewers who have acted in each case specifying the amount of fees due to each fence-viewer. The Levy Court or County Council of the county in which such list is submitted, properly certified to as aforesaid, shall make payment of the amount of money shown to be due thereon to each fence-viewer out of any moneys in the county treasury not otherwise appropriated. Code 1852, §§  1002-1004;  Code 1915, §  3626;  Code 1935, §  4175;  48 Del. Laws, c. 318, §  1;  25 Del. C. 1953, §  1303;  55 Del. Laws, c. 85, §  37;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1304. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 13. Fences|§ 1304. Maintenance of partition fences; liability for enclosure of another's lands.

§ 1304. Maintenance of partition fences; liability for enclosure of another's lands. (a) The respective occupants of lands enclosed by fences shall maintain partition fences between them in equal shares, as long as both parties continue to improve the same. (b) Where any person encloses land adjoining another's enclosed land, so that any part of the fence, or fence and ditch, or hedge and ditch, or wall, already made, becomes a partition fence, the fence-viewers shall determine what sum shall be paid by the one to the other, and the fence shall then be maintained by the parties equally. Code 1852, §§  1005, 1006;  Code 1915, §  3627;  Code 1935, §  4176;  25 Del. C. 1953, §  1304;
25 DE Code § 1305. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 13. Fences|§ 1305. Judgment of fence-viewers; enforcement and penalty for noncompliance.

§ 1305. Judgment of fence-viewers; enforcement and penalty for noncompliance. If the fence-viewers judge any fence to be insufficient, they shall give notice thereof to the person bound to maintain the fence. If 1 of several persons so bound, upon such notice and request, neglects, for 5 days, to make that 1 person's own part of the fence good, or pay that 1 person's share of the same or of any partition fence before made, any justice of the peace may, on complaint, direct the party aggrieved to repair the fence, and the aggrieved party shall be reimbursed double the cost which the person, so neglecting to repair the same, was bound to pay or contribute. Code 1852, §  1007;  Code 1915, §  3628;  Code 1935, §  4177;  25 Del. C. 1953, §  1305;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1306. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 13. Fences|§ 1306. Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws.

§ 1306. Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws. (a) The adjoining owners or possessors of embanked marshes or meadows shall be obliged to join in cutting division ditches at least 8 feet wide and 21/2 feet deep, and in making fences at least 2 feet high within 1 foot of the edge of the ditches, at their common cost. The division ditches shall be well cleansed at least once a year and the fences kept in good repair, and they shall be deemed lawful fences. (b) If any owner or possessor refuses or neglects to join in making the ditch and fence, or to keep the ditch in good order and repair, the adjoining owner or possessor may make or cleanse and repair the same, and may recover the proportion of the cost thereof as the fence-viewers determine the party neglecting ought to pay. (c) A guardian shall be allowed any sum so expended or paid for that guardian's ward, and a lessee or tenant may deduct the same from his rent, unless otherwise stipulated by the contract. This section shall not be construed to repeal any special law respecting the improvement of marsh or meadow whereby any other provision is made concerning dividing ditches or fences. Code 1852, §§  1008-1010;  Code 1915, §  3629;  Code 1935, §  4178;  25 Del. C. 1953, §  1306;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1307. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 13. Fences|§ 1307. Recovery of awards by fence-viewers.

§ 1307. Recovery of awards by fence-viewers. All sums awarded by fence-viewers, or directed by them to be paid, may be recovered as other debts of like amount are recoverable. Code 1852, §  1011;  Code 1915, §  3630;  Code 1935, §  4179;  25 Del. C. 1953, §  1307;
25 DE Code § 1401. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 14. Timber Trespass|§ 1401. Liability for damages; court's authority to determine whether trespass intentional; exemplary and actual damages.

§ 1401. Liability for damages; court's authority to determine whether trespass intentional; exemplary and actual damages. (a) Whoever wilfully, negligently or maliciously cuts down or fells or causes to be cut down or felled a tree or trees growing upon the land of another, without the consent of the owner, shall be liable for damages as set forth in subsection (b) of this section. (b) In civil actions brought for an act of timber trespass the court shall have the authority to determine whether such trespass was unintentional or wilful and award damages accordingly. If the plaintiff shall satisfy the court that the metes and bounds of that plaintiff's property at the place of the trespass were appropriately established and marked by reasonably permanent and visible markers, or establish that the trespasser was on notice that the rights of the plaintiff were in jeopardy, the court shall find that the trespass was wilful and shall award exemplary damages equal to triple the fair value of the trees removed plus the cost of litigation. If, however, the court shall find that the trespass was unintentional, the court may award the plaintiff damages equal to the conversion value of the trees taken or damaged plus cost of litigation. 25 Del. C. 1953, §  1401;  49 Del. Laws, c. 236;  61 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 1402. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 14. Timber Trespass|§ 1402. Method of ascertaining value of trees removed.

§ 1402. Method of ascertaining value of trees removed. In the absence of a more accurate means of ascertaining the value of trees removed in a timber trespass, the court may accept that figure which shall be arrived at by accepting the diameters of the stumps of the severed trees measured inside the bark as the assumed diameter of the trees measured outside the bark at 41/4 feet above the ground and apply the values given for gross tree volume as published in U.S.D.A., Farmers Bulletin No. 1989, and the numerous privately published forestry publications which give board foot volume contents of timber trees based on the International Long Rule formula. 25 Del. C. 1953, §  1402;  49 Del. Laws, c. 236.;
25 DE Code § 1403. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 14. Timber Trespass|§ 1403. Failure of defendant to answer.

§ 1403. Failure of defendant to answer. If the defendant in an action, as provided in this chapter, shall not appear or shall not answer the complaint at the return of the writ or notice served therefor, the court shall determine the trespass wilful and award damages accordingly. 25 Del. C. 1953, §  1403;  49 Del. Laws, c. 236.;
25 DE Code § 1404. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 14. Timber Trespass|§ 1404. Abatement of action.

§ 1404. Abatement of action. An action begun under this chapter shall not abate by the death of either party thereto, but shall be continued by the administrator or executor. 25 Del. C. 1953, §  1404;  49 Del. Laws, c. 236.;
25 DE Code § 1501. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 15. Tort Liability of Property Owners|§ 1501. Liability of owners or occupiers of land for injury to guests or trespassers.

§ 1501. Liability of owners or occupiers of land for injury to guests or trespassers. No person who enters onto private residential or farm premises owned or occupied by another person, either as a guest without payment or as a trespasser, shall have a cause of action against the owner or occupier of such premises for any injuries or damages sustained by such person while on the premises unless such accident was intentional on the part of the owner or occupier or was caused by the wilful or wanton disregard of the rights of others. 25 Del. C. 1953, §  1501;  59 Del. Laws, c. 171, §  1;  62 Del. Laws, c. 322, §  1;
25 DE Code § 1601. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1601. Written notice of pendency of action.

§ 1601. Written notice of pendency of action. (a) In any action instituted in any court of this State having civil jurisdiction or in the United States District Court for the District of Delaware, any party asserting a claim, the object of which is to affect the title to, or enforce an equitable lien on, real estate may, after filing of such claim, file in the office of the recorder of deeds of any county in which all or any part of the affected real estate is situate a written notice of the pendency of the action, which shall be under oath, and shall set forth:  (1) The court in which the action was brought, the caption of the action and the civil action number; (2) The object of the action or the affirmative relief sought; (3) A legal description sufficient to identify the property affected; and (4) A designation of the names of each party against whom the notice is directed to be indexed. (b) No notice of pendency shall be filed under this chapter:  (1) On a claim relating to real estate which, if sustained, would entitle the party to recovery solely of money or money damages; or (2) To enforce a mechanic's lien or to foreclose upon a mortgage at law, which actions shall continue to be governed by the notice procedures of this Code specifically applicable thereto.67 Del. Laws, c. 59, §  1;
25 DE Code § 1602. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 16. Lis Pendens|§ 1602. Recording; indexing; cancellation.

§ 1602. Recording; indexing; cancellation. Upon payment of the proper fee, the recorder of deeds shall record the notice of pendency. Each notice recorded shall be indexed, direct and indirect, against the name of each party designated in the notice of pendency. Such entry shall note next to such name the book and page number where the notice of pendency is recorded. 67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  1;