reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 9. WASTE › § 907. Service of writ; judgment by default.

§ 907. Service of writ; judgment by default.
A writ of waste shall be served in the same manner as a writ of dower. There shall be no process of pone or attachment; and if the writ is served and the defendant does not appear at the return, there shall be judgment by default, unless the court deems it proper to allow further time for the defendant's appearance.
Code 1852, §  1762;  Code 1915, §  3329;  Code 1935, §  3794;  25 Del. C. 1953, §  907;
2023 Delaware Code › Title 25 - Property › Chapter 9. WASTE › § 908. Procedure upon death of either party.

§ 908. Procedure upon death of either party.
The action for waste shall not abate by the death of either party, but the heir shall be admitted to prosecute the action for waste on the death of the plaintiff. If the defendant dies, the defendant's executors or administrators may be made parties by a writ of scire facias.
Code 1852, §  1763;  Code 1915, §  3330;  Code 1935, §  3795;  25 Del. C. 1953, §  908;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 9. WASTE › § 909. Judgment.

§ 909. Judgment.
In an action of waste the plaintiff shall recover the place wasted and double damages.
Code 1852, §  1764;  Code 1915, §  3331;  Code 1935, §  3796;  25 Del. C. 1953, §  909;
2023 Delaware Code › Title 25 - Property › Chapter 9. WASTE › § 910. Writ of estrepement.

§ 910. Writ of estrepement.
During the pendency of an action of ejectment or of an action of waste to recover the place wasted, the court in which the action is pending may award a writ of estrepement to prevent waste being committed on the premises which are the subject of such action.
Code 1852, §  1765;  Code 1915, §  3332;  Code 1935, §  3797;  25 Del. C. 1953, §  910;
2023 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;
2023 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;
2023 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 the attorney or solicitor of record 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;  84 Del. Laws, c. 42, § 90;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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, the person 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;  84 Del. Laws, c. 42, § 91;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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 the lessee's or tenant's 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;  84 Del. Laws, c. 42, § 92;
2023 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;
2023 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;
2023 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.;
2023 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.;
2023 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.;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency.

§ 1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency.
(a) The recording of a notice of pendency shall be notice to any person acquiring an interest in the real property identified in the notice from or through any party named in the notice from the time of the recording of the notice. Any person claiming an interest in the real property which is the subject of the notice of pendency is bound by all proceedings taken in the action after such recording and until cancellation or discharge to the same extent as if such person were a party.
(b) Unless and until a notice of pendency is filed as provided by this chapter, no action shall, before final judgment is entered therein, be deemed to be constructive notice to a person acquiring or having acquired a lien on or any other interest in the affected real estate.
67 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1604. Effective term.

§ 1604. Effective term.
A notice of pendency shall be effective for a term of 3 years from the date of recording with the recorder of deeds. Before expiration of a term or an extended term, the court, upon motion of the party recording the notice, for good cause shown, may grant an extension for a like additional term. An extension order shall be recorded with the recorder of deeds before expiration of the prior term. An extension order shall be recorded with the recorder of deeds before expiration of the prior term and no extension order may be entered by any court after the expiration of the original term or any extended term.
67 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1605. Mailing of notice of pendency to parties against whom notice is indexed.

§ 1605. Mailing of notice of pendency to parties against whom notice is indexed.
Within 5 days after filing the written notice of pendency with the recorder of deeds, the party recording the notice of pendency shall serve or mail a copy of such notice by first-class mail to the last known address of each party against whom the notice of pendency has been indexed, and to all persons shown on the public records to have an interest in or lien upon the real estate which is the subject of the notice. Not later than 10 days after filing the written notice of pendency, an affidavit of the party recording the notice of pendency or of the attorney for such party shall be filed with the clerk of the court in which the action has been filed, indicating compliance with the foregoing requirements, including the parties to whom the notice was sent, the date of mailing and the address or addresses to which the notice or notices were sent.
67 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1606. Mandatory cancellation.

§ 1606. Mandatory cancellation.
The court, upon motion of any party aggrieved, shall direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if:
(1) Mailing of the notice has not been completed within the time required by § 1605 of this title;
(2) The final judgment entered denying the claim covered by the notice of pendency is no longer appealable; or
(3) The claim relating to the real estate is one which, if sustained, would entitle the party solely to recover money or money damages.
67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1607. Cancellation upon condition of security.

§ 1607. Cancellation upon condition of security.
In an action for the enforcement of an equitable lien, the objective of which is to secure the payment of money, the court, upon motion of any party aggrieved, as a condition of cancellation of the notice of pendency, may direct that such party post sufficient security to insure the payment of money as may, by the final determination of the action, be ascertained to be chargeable upon the affected real estate. Nothing herein contained shall preclude the posting of bond or other security by agreement of the parties as a condition of cancellation.
67 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1608. Discretionary cancellation; hearing on probability of success on the merits.

§ 1608. Discretionary cancellation; hearing on probability of success on the merits.
The court, upon motion, supported by affidavit or affidavits, of any party aggrieved, may direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if the court determines that there is not a probability that final judgment will be entered in favor of the party recording the notice of pendency. The party recording the notice of pendency shall bear the burden of establishing such probability. The court may order oral argument on the motion. No discovery on such motion shall be permitted unless so ordered by the court. The order of the court on the motion may contain such conditions as the court deems just and proper.
67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1609. Voluntary cancellation by party recording the notice.

§ 1609. Voluntary cancellation by party recording the notice.
At any time, the recorder of deeds shall cancel the notice of pendency and mark the indices accordingly upon written request, under oath, for such cancellation and upon payment of the proper fee by the party who recorded the notice, or by such party's attorney of record. The written request shall be recorded.
67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1611. Costs and attorneys' fees.

§ 1611. Costs and attorneys' fees.
In an order either upholding a notice of pendency or cancelling a notice of pendency, the court may, for good cause shown, and in the interest of justice, direct a party to pay the prevailing party's damages, if any, together with court costs of the action. In addition, the court, in exceptional cases, may award reasonable attorneys' fees to the prevailing party. Attorneys' fees may be assessed against a party only if the court finds that such party has wilfully asserted a claim or defense thereof without foundation in law or fact and/or not supported by a good faith request for an extension of the law, or for an improper purpose such as to harass or cause unnecessary delay in a legal proceeding or transaction.
67 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1612. Fee for recording notice as taxable costs.

§ 1612. Fee for recording notice as taxable costs.
The fee for recording any notices required under this chapter shall be taxable as a part of the costs in the action.
67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  5;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1613. Recording and marginal notation of judgment or stipulation of dismissal.

§ 1613. Recording and marginal notation of judgment or stipulation of dismissal.
Whenever a stipulation of dismissal is filed, or whenever a final judgment entered is no longer appealable, notice of the pendency of which action has been filed in the office of the recorder of deeds, the party who filed the notice of pendency shall cause a certified copy of the order of final judgment or a copy of the stipulation to be recorded in the office of the recorder of deeds. Upon payment of the proper fee, the recorder of deeds shall record the order or stipulation and mark the indices accordingly. If the party who filed the notice of pendency fails or refuses to file a certified copy of the final order or stipulation of dismissal, any party aggrieved by the filing of the notice may cause the order or stipulation to be filed.
67 Del. Laws, c. 59, §  1;  72 Del. Laws, c. 27, §  6;
2023 Delaware Code › Title 25 - Property › Chapter 16. LIS PENDENS › § 1614. Express repeal of common law.

§ 1614. Express repeal of common law.
The common-law doctrine of lis pendens is hereby abolished and no action instituted after June 29, 1989, shall constitute constructive notice to any person unless notice of such action complies with the requirements of this chapter.
67 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2102. Minor's bond, obligation or mortgage.

§ 2102. Minor's bond, obligation or mortgage.
The signature, seal and acknowledgment of a person under the age of 21 years and of the age of at least 18 years to any bond, other obligation and/or mortgage shall be valid and legally effective for all intents and purposes in law or in equity, and shall bind that person, that person's heirs, executors and administrators.
33 Del. Laws, c. 209;  Code 1935, §  3688;  45 Del. Laws, c. 230, §  6;  46 Del. Laws, c. 164;  47 Del. Laws, c. 124;  25 Del. C. 1953, §  2102;  58 Del. Laws, c. 511, §  60;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2103. Effect of mortgage executed by trustee for mentally ill spouse.

§ 2103. Effect of mortgage executed by trustee for mentally ill spouse.
Any mortgage executed and acknowledged by a trustee for a mentally ill married man or woman, appointed pursuant to the provisions of § 104 or § 105 of this title, shall be as valid and effectual to bar and divest the mentally ill spouse's estate as tenant by the curtesy or dower interest in case the mentally ill person survives such mentally ill person's spouse, as if such mentally ill spouse had been legally capable, and had in fact executed and acknowledged such mortgage; and any such mortgage, or the record thereof, shall be competent evidence in all courts of this State.
17 Del. Laws, c. 616, §  2;  22 Del. Laws, c. 444, §§  1, 2;  Code 1915, §§  3202, 3203;  Code 1935, §§  3663, 3664;  25 Del. C. 1953, §  2103;  49 Del. Laws, c. 57, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2104. Purchase money mortgage of married woman; liability of husband.

§ 2104. Purchase money mortgage of married woman; liability of husband.
Where a married woman becomes a purchaser of real estate, she may secure the purchase money, or part of it, by recognizance, bond, mortgage or otherwise as single women may, and her husband need not be a party nor consent to such act of giving security. In such case any such recognizance, bond, mortgage or other obligation or lien shall not be subject to any right or estate in curtesy of the husband of such married woman. In case of her entering into recognizance or giving bond or mortgage, or making other contract for the payment of the purchase money of such real estate, her husband shall not be liable, unless he is a party thereto.
14 Del. Laws, c. 550, §  4;  Code 1915, §  3052;  30 Del. Laws, c. 197;  Code 1935, §  3545;  25 Del. C. 1953, §  2104;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2105. Purchase money mortgage by married woman.

§ 2105. Purchase money mortgage by married woman.
A married woman may secure the purchase money or part of it for real estate purchased by her, and give a bond, as provided by § 2104 of this title.
Code 1852, §  1614;  Code 1915, §  3200;  Code 1935, §  3661;  25 Del. C. 1953, §  2105;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2106. Priority of mortgage from time of recording.

§ 2106. Priority of mortgage from time of recording.
A mortgage, or a conveyance in the nature of a mortgage, of lands or tenements shall have priority according to the time of recording it in the proper office, without respect to the time of its being sealed and delivered, and shall be a lien from the time of recording it and not before.
Code 1852, §  1632;  Code 1915, §  3222;  Code 1935, §  3684;  25 Del. C. 1953, §  2106;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2107. Priority of mortgages recorded at same time.

§ 2107. Priority of mortgages recorded at same time.
If 2 or more mortgages, or conveyances in the nature of mortgages, of the same premises are lodged in the same office at the same time, they shall stand in priority in relation to each other, according to their respective dates.
Code 1852, §  1633;  Code 1915, §  3223;  Code 1935, §  3685;  25 Del. C. 1953, §  2107;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2108. Priority of purchase money mortgages.

§ 2108. Priority of purchase money mortgages.
(a) For purposes of this section, “purchase money mortgage” means 1 or more of the following:
(1) A mortgage taken by the seller of the mortgaged property to secure the payment of all or part of the purchase price.
(2) A mortgage taken by a mortgagee other than the seller of the mortgaged property to secure the repayment of money actually advanced by the mortgagee to or on behalf of a mortgagor at the time the mortgagor acquires title to the property and used by the mortgagor at that time to pay all or part of the purchase price.
(b) A mortgage that states that the mortgage is intended to constitute a purchase money mortgage creates a rebuttable presumption that the mortgage is a purchase money mortgage under this section.
(c) A lien of a purchase money mortgage on lands or tenements, or any part thereof, has preference to and priority over a judgment against the mortgagor or any other lien created or suffered by the mortgagor, including a lien filed or entitled to be filed under Chapter 27 of this title, although the judgment or lien is of a date before the purchase money mortgage, if both of the following occur:
(1) The lands or tenements are sold and 1 or more purchase money mortgages on the lands or tenements, or any part thereof, are made by the purchaser to the seller or mortgagee for securing the purchase money, or any part thereof.
(2) The mortgages are recorded within 10 days after the deed conveying the land or tenements from the seller to the purchaser is recorded.
(d) As between 2 or more purchase money mortgages on the same land, the mortgages have priority and preference according to the times that the mortgages are severally recorded in the proper office. Two or more mortgages, recorded at the same time, do not have preference or priority as between themselves.
Code 1852, §  1634;  Code 1915, §  3224;  28 Del. Laws, c. 223;  Code 1935, §  3686;  25 Del. C. 1953, §  2108;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 292, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2109. Assignment of mortgages.

§ 2109. Assignment of mortgages.
(a) An assignment of a mortgage or any sealed instrument attested by 1 creditable witness shall be valid and effectual to convey all the right and interests of the assignor.
(b) All assignments of mortgages or any sealed instruments heretofore made in the presence of 1 witness and all satisfactions made by assignees in such assignments are made good and valid.
18 Del. Laws, c. 213, §§  1, 2;  Code 1915, §  3226;  Code 1935, §  3689;  25 Del. C. 1953, §  2109;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2110. Effect of release of part of mortgaged premises; acknowledgment and recording.

§ 2110. Effect of release of part of mortgaged premises; acknowledgment and recording.
The release by the mortgagee or that mortgagee's assigns, executed at the instance of the mortgagor, that mortgagor's heirs or assigns, of any part of the mortgaged premises shall not be deemed or taken to operate as a release or discharge of any other part of the lands included in such mortgage, but such other lands shall be and remain subject to the lien of the mortgage, and execution may be had thereof in the same manner as if the mortgage had originally included only such lands. Every such release shall be under hand and seal, and shall be acknowledged in the same manner as provided by law for the acknowledgment of deeds, and shall become effective upon the date of filing in the office of the recorder of deeds in and for the county in which such lands so released are situated.
11 Del. Laws, c. 612;  Code 1915, §  3227;  Code 1935, §  3690;  25 Del. C. 1953, §  2110;  49 Del. Laws, c. 80;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2112. Effect of satisfaction of mortgage by Regional Manager or Treasurer of Home Owners' Loan Corporation.

§ 2112. Effect of satisfaction of mortgage by Regional Manager or Treasurer of Home Owners' Loan Corporation.
When any mortgage has been satisfied pursuant to a power of attorney executed by the Regional Manager or Regional Treasurer in the name of the Home Owners' Loan Corporation, in accordance with the provisions contained in § 108(a) of this title, the mortgage or conveyance shall be extinguished.
40 Del. Laws, c. 217;  Code 1935, §  3675;  25 Del. C. 1953, §  2112;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2113. Effect of entry of satisfaction.

§ 2113. Effect of entry of satisfaction.
An entry of satisfaction or performance made in accordance with this chapter shall extinguish the mortgage or conveyance, and the effect shall be the same as if such mortgage or conveyance had not been made.
Code 1852, §  1636;  Code 1915, §  3229;  Code 1935, §  3692;  25 Del. C. 1953, §  2113;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2114. Damages for nonentry of satisfaction.

§ 2114. Damages for nonentry of satisfaction.
If any person commits a default under § 2111 of this title, such person, that person's executors or administrators, or if it is a corporation, such corporation, in addition to the other penalties provided for shall be liable to the party by or on whose behalf the satisfaction or performance has been made or completed, in damages to be recovered by a civil action. The damages shall not be less than $10 nor more than $500, except when special damage to a larger amount is alleged in the complaint and proved.
Code 1852, §  1637;  Code 1915, §  3230;  Code 1935, §  3693;  25 Del. C. 1953, §  2114;  55 Del. Laws, c. 341, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2115. Procedure to compel entry of satisfaction of mortgage or judgment.

§ 2115. Procedure to compel entry of satisfaction of mortgage or judgment.
(a) In all cases where mortgages or judgments are liens on real estate in this State and the same have been paid and the mortgagee or obligee or their executors, administrators or assigns refuses or neglects to enter satisfaction of such mortgage or judgment on the record thereof in the office where the same is recorded or entered, forthwith after the payment thereof, the mortgagor or obligor or their heirs or assigns may, upon sworn petition to the Superior Court of the county in which such mortgage or judgment is recorded or entered, setting forth the facts, obtain from such Court a rule on the mortgagee or obligee or their executors, administrators or assigns, returnable at such time as the Court may direct, requiring such mortgagee or obligee or their executors, administrators or assigns to appear on the day fixed by the Court and show cause, if they have any, why such mortgage or judgment shall not be marked satisfied on the record thereof. Such rule shall be served as provided by law for service of writs of scire facias. In case the mortgagee or obligee or their executors, administrators or assigns reside out of the State and cannot be served, or in case the mortgagee or obligee is a corporation which has been dissolved for more than 3 years prior to the filing of the petition, and for whom no trustee or receiver has been appointed, the rule shall be continued and a copy thereof shall be published by the sheriff in a newspaper of the county once each week for 4 successive weeks, and upon proof of such advertisement by affidavit of the sheriff made at the time to which such rule was continued, shall be deemed and considered sufficient service of such rule.
(b) Upon the return of the rule, if the Court is satisfied from the evidence produced that such mortgage or judgment, together with all interest and costs due thereon, has been satisfied and paid, the rule shall be made absolute, and the Court shall order and decree that the mortgage or judgment is paid and satisfied, and shall order and direct the recorder or the prothonotary, in whose office such mortgage or judgment is entered, to enter on the record thereof full and complete satisfaction thereof.
22 Del. Laws, c. 211, §§  1, 2;  Code 1915, §  3231;  29 Del. Laws, c. 237;  Code 1935, §  3694;  25 Del. C. 1953, §  2115;  55 Del. Laws, c. 341, §  5;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2116. Reconveyance upon satisfaction or performance.

§ 2116. Reconveyance upon satisfaction or performance.
When a debt or duty, secured by a mortgage, or conveyance in the nature of a mortgage is satisfied or performed, the person or corporation in whom the title under such mortgage or conveyance is, shall upon the reasonable request and at the proper cost of the mortgagor, that mortgagor's heirs or assigns, execute and acknowledge a sufficient reconveyance of the premises contained in such mortgage, or conveyance in the nature of a mortgage.
Code 1852, §  1638;  Code 1915, §  3232;  Code 1935, §  3695;  25 Del. C. 1953, §  2116;  70 Del. Laws, c. 186, §  1;