reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 124. Acknowledgment and execution of deed by married woman deserted without just cause.

§ 124. Acknowledgment and execution of deed by married woman deserted without just cause.
Conveyances made in pursuance of § 107 of this title by a married woman abandoned without just cause shall be acknowledged before any judge of the Court of Chancery or Superior Court of this State; and in addition to the certificate that it is the act and deed of the party signing the instrument, the judge shall further certify that it had satisfactorily appeared to the judge that the party executing the instrument had been abandoned by her husband without just cause.
19 Del. Laws, c. 772, §§  1-3;  Code 1915, §  3048;  30 Del. Laws, c. 197;  Code 1935, §  3544;  25 Del. C. 1953, §  124;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 125. Place for taking acknowledgment or proof.

§ 125. Place for taking acknowledgment or proof.
It shall not be necessary that the acknowledgment or proof of a deed be taken in the county wherein the premises are situate.
Code 1852, §  1617;  Code 1915, §  3206;  Code 1935, §  3667;  45 Del. Laws, c. 230, §  2;  25 Del. C. 1953, §  125;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 126. Certification of acknowledgments by justices of the peace; form.

§ 126. Certification of acknowledgments by justices of the peace; form.
(a) Two justices of the peace, when taking or certifying an acknowledgment, shall be together; and a certificate of acknowledgment taken before them, may be according to the following form, viz:
State of Delaware
________________________________ County
ss.
Be it remembered, that on the ________________________________ day of ________________, in the year of our Lord, two thousand and ________________________________, personally came before me, the subscribers, two of the Justices of the Peace for ________________________________ County aforesaid, ________________________________ and ________________________________, his wife, parties to this indenture known to us personally (or proved on the oath of ________________________________), to be such, and severally acknowledged said indenture to be their act and deed respectively.
Witness our hands the day and year aforesaid.
(b) If the instrument acknowledged is not an indenture, the word “instrument” may be substituted for the word “indenture” in the form; if it is not under seal, the words “and deed” in the form shall be omitted. The certificate of acknowledgment may, in all cases, be according to the foregoing form. It may be varied in any case requiring a variance, the above form being given for general direction.
Code 1852, §§  1619, 1620;  Code 1915, §  3208;  Code 1935, §  3669;  45 Del. Laws, c. 230, §  4;  25 Del. C. 1953, §  126;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 127. Acknowledgment of corporate deeds or other instruments.

§ 127. Acknowledgment of corporate deeds or other instruments.
A deed concerning lands or tenements or any other written instrument entitled to be recorded, executed by a corporation, may be executed and acknowledged before any judge of this State, or a judge of the District Court or Court of Appeals of the United States, or a notary public, or 2 justices of the peace of the same county, by the president or other presiding officer or a vice-president or an assistant vice-president, duly authorized by resolution of the directors, trustees or other managers, or by the legally constituted attorney, of such corporation.
Code 1852, §  1616;  16 Del. Laws, c. 521;  27 Del. Laws, c. 265;  Code 1915, §  3205;  Code 1935, §  3666;  48 Del. Laws, c. 130, §  1;  25 Del. C. 1953, §  127;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 128. Certification of acknowledgments by Mayor of Wilmington; fee.

§ 128. Certification of acknowledgments by Mayor of Wilmington; fee.
The Mayor of Wilmington may take and certify under the Mayor's own hand and seal of office the acknowledgment of deeds and letters of attorney in like manner as a judge or notary public may. For such service the Mayor of Wilmington shall receive a fee of 75 cents, and no more, whether there are 1 or more parties to the deed.
17 Del. Laws, c. 207, §  8;  Code 1915, §  2140;  Code 1935, §  2433;  25 Del. C. 1953, §  128;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 129. Acknowledgment or proof outside State.

§ 129. Acknowledgment or proof outside State.
(a) A deed concerning lands, tenements or hereditaments within this State may be acknowledged or proved, or may be taken out of the State before any consul general, consul, vice-consul, consular agent, or commercial agent of the United States, duly appointed in any foreign country, at the places of their respective official residence, the judge of any United States District Court or United States Court of Appeals, or any judge of a court of record of any state, territory or country, or the mayor or chief officer of any city or borough, and certified under the hands of such judge, mayor or officer, and the seal of that official's office, court, city or borough, by certificate indorsed upon or annexed to the deed; or such acknowledgment or proof may be taken in such court and certified under the hand of the clerk, or other officer of the court, and the seal of the court in like manner. If certified by a judge, the seal of that judge's court may be affixed to that judge's certificate or to a certificate of attestation of the clerk, or keeper of the seal.
(b) Acknowledgment and proof of a deed may also be taken out of this State by any commissioner of deeds, appointed by the governor in any of the states or territories of the United States, or in the District of Columbia, or in the possessions of the United States, or in foreign countries, the deed to be certified, in like manner, under the hand and seal of the commissioner.
(c) Any deed concerning lands, tenements or hereditaments within this State, any other instrument of writing whatsoever, or any affidavit or other statement requiring acknowledgment or proof may be so acknowledged and proved out of this State before a notary public of any state or territory or of the District of Columbia. The provisions of this paragraph shall extend to affidavits of demand and defense as provided for in § 3901 of Title 10.
Code 1852, §§  1621, 1622;  13 Del. Laws, c. 28;  17 Del. Laws, c. 212;  18 Del. Laws, c. 211;  18 Del. Laws, c. 212;  22 Del. Laws, c. 82;  Code 1915, §  3209;  Code 1935, §  3670;  45 Del. Laws, c. 230, §  5;  25 Del. C. 1953, §  129;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 131. Validation of certain instruments as deeds.

§ 131. Validation of certain instruments as deeds.
An instrument which by its terms purports to alienate or convey lands, tenements or hereditaments situated in this State and which was signed by the persons or corporations who at the time were the owners of the lands, tenements or hereditaments mentioned therein and which was also acknowledged by owners before an officer authorized by the laws of Delaware to take acknowledgments, as the act and deed of such persons, shall be deemed to alienate or convey the title, estate and interest, both at law and in equity, of the owners signing and acknowledging such instrument, according to the true intent and meaning of such instrument, notwithstanding that the instrument is not under the seals of the owners and notwithstanding that the instrument does not contain the words commonly known as the “use clause” and/or the word “grant” and/or the words “bargain and sell.” No right of dower or curtesy shall be barred or released except when the person who would have such right of dower or of curtesy has signed and acknowledged the instrument. Nothing in this section shall preclude any action or right of action, either at law or in equity, which any party in interest would have had if the instrument had been under the seals of the persons executing the same and had been in the customary form of a deed in this State and this section had not been passed.
35 Del. Laws, c. 194;  Code 1935, §  3676;  46 Del. Laws, c. 203, §  1;  25 Del. C. 1953, §  131;  49 Del. Laws, c. 181, §§  1, 2;  50 Del. Laws, c. 157, §  1;  59 Del. Laws, c. 451, §  1;  68 Del. Laws, c. 319, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 132. Validity of legal instruments having defective acknowledgments; admissibility in evidence.

§ 132. Validity of legal instruments having defective acknowledgments; admissibility in evidence.
The record of all legal instruments which by law are directed to be recorded or are entitled to be recorded, and which have been duly executed by the proper party or parties, notwithstanding the instruments have not been acknowledged before an officer authorized by the laws of Delaware to take acknowledgments, or which have not been otherwise properly acknowledged, or the acknowledgments of which have not been taken and certified in conformity with the laws of this State in force at the time each such instrument was executed, are severally made as valid and effective in law as if each instrument had been correctly acknowledged and the acknowledgment correctly certified. The record of each such instrument or any office copy thereof or the original instrument itself shall be admitted as evidence in all courts of this State and shall be as valid and conclusive evidence as if such instrument had been in all respects acknowledged and the acknowledgment certified in accordance with the then existing law.
47 Del. Laws, c. 396, §  1;  25 Del. C. 1953, §  132;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 133. Address of grantee on deed.

§ 133. Address of grantee on deed.
Anyone leaving for record any deed conveying lands and tenements shall place upon or attach to the deed the address of the grantee.
Code 1852, §§  1626, 1627;  16 Del. Laws, c. 520, §  1;  17 Del. Laws, c. 213, §  3;  Code 1915, §  3215;  Code 1935, §  3677;  46 Del. Laws, c. 267, §  1;  25 Del. C. 1953, §  133;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 134. Authentication and recognition of acknowledgments.

§ 134. Authentication and recognition of acknowledgments.
The authentication and recognition of the acknowledgment of a foreign notary public or other officer on an instrument necessary under this chapter shall be in accordance with subchapter II of Chapter 43 of Title 29.
63 Del. Laws, c. 61, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments › § 135. Tax ditch, tax lagoon, right-of-way, or assessment.

§ 135. Tax ditch, tax lagoon, right-of-way, or assessment.
Any deed transferring a parcel of real property listed in an order recorded pursuant to § 4195 or § 4389 of Title 7 shall specifically state in the deed that such parcel of real property may be subject to a tax ditch right-of-way and/or assessment, or a tax lagoon right-of-way and/or assessment pursuant to Superior Court order, and shall state the date of the court order and the order's recording information in the recorder of deeds' office of the county.
75 Del. Laws, c. 321, §  3;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 151. Recording of deeds and letters of attorney.

§ 151. Recording of deeds and letters of attorney.
A deed or letter of attorney concerning lands or tenements, acknowledged or proved and the acknowledgment or proof certified as provided in this chapter, shall, with the certificate of the acknowledgment or proof and all indorsements and annexations, be recorded in the recorder's office for the county wherein such lands or tenements or any part thereof are situated, when lodged in such office at any time after the sealing and delivery of such deed or letter of attorney; and the record or an office copy thereof shall be sufficient evidence.
Code 1852, §§  1626, 1627;  16 Del. Laws, c. 520, §  1;  17 Del. Laws, c. 213, §  3;  Code 1915, §  3215;  Code 1935, §  3677;  25 Del. C. 1953, §  151;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 152. Recording as affecting lands in county of recording.

§ 152. Recording as affecting lands in county of recording.
The recording of a deed or instrument in the recorder's office for 1 county shall have effect only in respect to lands or tenements mentioned in the deed or instrument situate in such county.
Code 1852, §  1628;  Code 1915, §  3216;  Code 1935, §  3678;  25 Del. C. 1953, §  152;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 153. Priority of deed concerning lands or tenements.

§ 153. Priority of deed concerning lands or tenements.
A deed concerning lands or tenements shall have priority from the time that it is recorded in the proper office without respect to the time that it was signed, sealed and delivered.
Code 1852, §  1630;  16 Del. Laws, c. 520, §  2;  17 Del. Laws, c. 213, §  2;  Code 1915, §  3218;  Code 1935, §  3680;  41 Del. Laws, c. 190, §  1;  25 Del. C. 1953, §  153;  56 Del. Laws, c. 318.;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 154. Deeds and letters of attorney; recording at any time.

§ 154. Deeds and letters of attorney; recording at any time.
All deeds and letters of attorney concerning lands or tenements, at any time sealed and delivered, being duly acknowledged or proved, and the acknowledgment or proof being duly certified, may, with the certificate of the acknowledgment or proof and all indorsements and annexations, be at any time recorded in the recorder's office for the county wherein such lands or tenements or any part thereof are situate.
16 Del. Laws, c. 520, §  3;  17 Del. Laws, c. 213, §  2;  Code 1915, §  3219;  Code 1935, §  3681;  25 Del. C. 1953, §  154;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 155. Acknowledgment or proof as evidence of recording; private examination of married woman.

§ 155. Acknowledgment or proof as evidence of recording; private examination of married woman.
The private examination of a married woman, duly taken and certified, shall remain valid, although the deed upon which it is taken and certified is not recorded; but no other acknowledgment or proof, duly certified, of a deed or letter of attorney shall make such deed or letter of attorney evidence without its being duly recorded.
Code 1852, §  1629;  Code 1915, §  3217;  Code 1935, §  3679;  25 Del. C. 1953, §  155;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 156. Recording on date of sealing and delivery.

§ 156. Recording on date of sealing and delivery.
Any and all deeds and letters of attorney which have been recorded on the day of the sealing and delivery thereof shall be deemed to have been properly recorded.
17 Del. Laws, c. 213, §  4;  Code 1915, §  3220;  Code 1935, §  3682;  25 Del. C. 1953, §  156;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 157. Potter charity leases.

§ 157. Potter charity leases.
The record or duly certified copies, heretofore made by authority of law, or which are hereafter made by order of the Court of Chancery, of any and every lease of any portion of the lands, tenements or hereditaments situated in Kent or Sussex Counties, which were devised by Benjamin Potter, deceased, to certain charitable uses, shall be competent evidence in the courts of this State. The fee for recording any such lease or certifying the record thereof by any register in chancery shall be the same as fixed by law, to be paid to the recorder of deeds for like services.
15 Del. Laws, c. 167;  Code 1915, §  3225;  Code 1935, §  3687;  25 Del. C. 1953, §  157;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter III. Recording › § 158. Enforceability of certain leases and documents pertaining to lands and tenements [For application of this section, see 81 Del. Laws, c. 384, § 3].

§ 158. Enforceability of certain leases and documents pertaining to lands and tenements [For application of this section, see 81 Del. Laws, c. 384, § 3].
No document defined or described in § 5401(5) of Title 30 and not exempt from transfer tax on the basis of § 5401(1) of Title 30 or otherwise, shall be enforceable in any court of this State unless such document, or a memorandum thereof identifying the parties thereto, the premises, and the duration of the interest created thereby, including any renewals and purchase options, shall have been recorded in the office of the recorder of deeds in the county in which the premises or any part thereof are located within 15 days of the commencement of the term provided by such document; provided, however, that upon recordation and payment of any and all taxes, penalties and other charges relating thereto, any document rendered unenforceable by this statute or any predecessor statute shall be renewed and revived with the same force and effect as if it had never been unenforceable.
25 Del. C. 1953, §  154;  59 Del. Laws, c. 153, §  6;  70 Del. Laws, c. 252, §  1;  81 Del. Laws, c. 384, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 1. DEEDS › Subchapter IV. Powers of Attorney › § 171. Acknowledgment or proof.

§ 171. Acknowledgment or proof.
A letter of attorney to sell or dispose of lands, tenements or hereditaments, or to acknowledge a deed concerning lands, tenements or hereditaments, may be acknowledged or proved, and the acknowledgment or proof certified, as prescribed in this chapter in respect to the acknowledgment or proof of a deed. If a party making a letter of attorney is out of the State, the provisions of § 129 of this title, concerning the acknowledgment or proof of a deed when the party making it is out of the State, shall apply.
Code 1852, §  1623;  Code 1915, §  3210;  Code 1935, §  3671;  25 Del. C. 1953, §  171;
2023 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;
2023 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;
2023 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 the affiant 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;  84 Del. Laws, c. 42, § 88;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 301. Fines and common recoveries.

§ 301. Fines and common recoveries.
All fines and common recoveries levied and suffered within this State, in pursuance of or according to the common or statute laws of England, in the Superior Court of the county wherein the lands, tenements or hereditaments entailed lie shall be as good in law, to bar estates so entailed, as fines and common recoveries of lands, tenements or hereditaments levied, or suffered, in England are. Any heir at law or other person claiming any right in the lands, tenements or hereditaments may, either by appeal or writ of error, reverse such fines or recoveries for any errors in levying or suffering the fines or recoveries.
Code 1852, §§  1639, 1640;  Code 1915, §  3234;  Code 1935, §  3697;  25 Del. C. 1953, §  301;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 302. Bar of estate tail by deed.

§ 302. Bar of estate tail by deed.
A person having a legal or equitable estate or right in fee tail in possession, remainder or reversion, in any lands, tenements or hereditaments may alien the lands, tenements or hereditaments, in fee simple, or for other less estate, by deed, in the same manner and as effectually as if such estate or right were in fee simple. The deed of alienation in fee simple of any person, of any lands, tenements or hereditaments shall have the same effect and operation for barring all estate tail and other interests in the lands, tenements or hereditaments, as such persons being a party cognizor to a fine in due manner levied, or party vouchee to a common recovery with a double voucher in due manner suffered, of the lands, tenements or hereditaments. No deed shall avail within either of these provisions, unless it is duly acknowledged or proved according to law, or unless it would be a valid and lawful deed sufficient to pass the premises, if the maker were seized of the premises in fee simple.
Code 1852, §  1641;  Code 1915, §  3235;  Code 1935, §  3698;  25 Del. C. 1953, §  302;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 303. Warranty by life tenant and collateral warranty.

§ 303. Warranty by life tenant and collateral warranty.
A warranty made by a tenant for life shall not, by descending or coming to a person in remainder or reversion, bar or affect that tenant's title. A collateral warranty shall not in any case bar or affect a title not derived from the person making such warranty.
Code 1852, §  1642;  Code 1915, §  3236;  Code 1935, §  3699;  25 Del. C. 1953, §  303;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 304. Permanent leasehold estates as estates in fee simple.

§ 304. Permanent leasehold estates as estates in fee simple.
Permanent leasehold estates, renewable forever, shall be considered to be estates in fee simple, and shall be subject to the same modes of alienation, power of devise, and rules of descent and distribution, and to all the incidents of an estate in fee, provided that the grantor of the leasehold or the person entitled to the estate, out of which the term issues, has first released to the grantee of the term or the person in possession of the leasehold all right to the rent charged upon or growing out of the leasehold to such grantee's or leasehold possessor's or both.
15 Del. Laws, c. 168;  Code 1915, §  3237;  Code 1935, §  3700;  25 Del. C. 1953, §  304;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 305. Deeds by foreign corporations; recording as evidence; ownership rights.

§ 305. Deeds by foreign corporations; recording as evidence; ownership rights.
All deeds to lands in Delaware executed and delivered by corporations created by and existing under the laws of the states and territories of the United States of America, other than Delaware, or created by and existing under the laws of any foreign state or nation, are made valid and effective to convey the fee simple or other estate purported to be conveyed in such deeds, with the same force and effect as if the corporation grantor had been a corporation lawfully created by and existing under the laws of this State. Such deeds, when recorded, or any office copy thereof, shall be admitted as evidence in all courts of this State, and shall be valid and conclusive evidence, with the same force and effect as if such deeds had been properly executed, acknowledged and delivered by corporations created by and existing under the laws of this State. A foreign corporation owning lands in Delaware may exercise all rights and privileges of ownership to the same extent as if such corporation were a corporation lawfully created by and existing under the laws of this State.
26 Del. Laws, c. 253;  Code 1915, §  3238;  38 Del. Laws, c. 174;  Code 1935, §  3701;  25 Del. C. 1953, §  305;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 306. Title and disposal of property by aliens.

§ 306. Title and disposal of property by aliens.
All real and personal property situate in this State may be taken, acquired, held and disposed of by an alien in the same manner as by a citizen of this State.
26 Del. Laws, c. 251, §  1;  Code 1915, §  3194;  32 Del. Laws, c. 188, §  1;  39 Del. Laws, c. 35, §§  1, 2;  Code 1935, §  3655;  25 Del. C. 1953, §  306;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 307. Title derived through alien.

§ 307. Title derived through alien.
A good title to real and personal property situate in this State may be derived through, from or in succession to an alien in the same manner as through, from or in succession to a citizen of the State.
26 Del. Laws, c. 251, §  2;  Code 1915, §  3195;  32 Del. Laws, c. 188, §  2;  39 Del. Laws, c. 35, §§  1, 2;  Code 1935, §  3656;  25 Del. C. 1953, §  307;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 308. Validity of conveyances to or from aliens.

§ 308. Validity of conveyances to or from aliens.
All conveyances to or from aliens of real or personal property situate in this State, at any time made, are validated, ratified and confirmed; and it is declared that the conveyances vested in the purchaser or purchasers the same estates and rights as they would have taken if the conveyance had been made between citizens of the State.
26 Del. Laws, c. 251, §  3;  Code 1915, §  3196;  39 Del. Laws, c. 35, §  2;  Code 1935, §  3657;  25 Del. C. 1953, §  308;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 309. Conveyance of real estate between spouses.

§ 309. Conveyance of real estate between spouses.
(a) The following conveyances between spouses of real estate or any interest therein, located in this State shall be valid and effective in law and equity:
(1) By either spouse, in any estate or tenancy other than tenancy by the entirety, without the joinder of the other spouse, to both spouses in any estate or tenancy;
(2) By either spouse, in any estate or tenancy other than tenancy by the entirety, without the joinder of the other spouse, to the other spouse alone;
(3) By either spouse, without the joinder of the other spouse, to the other spouse alone of the grantor spouse's entire interest in any real estate, or interest therein, held in tenancy by the entirety;
(4) By both spouses, in any estate or tenancy, to both spouses in any estate or tenancy;
(5) By both spouses, in any estate or tenancy, to either spouse alone.
(b) Any conveyance authorized by paragraph (a)(1) or (a)(4) of this section made by the grantor to both spouses, either as joint tenants with right of survivorship or as tenants by the entirety, shall, if otherwise valid, be as fully effective to vest either an estate in joint tenancy with right of survivorship or an estate as tenants by the entirety, as the case may be, in such real estate, in the grantees as if the same had been conveyed by the grantor therein to a third party and by such third party to said grantees.
(c) Property held by the entireties shall not be subject to the claims of a creditor of only 1 spouse.
(d) All conveyances described in subsection (a) of this section made before, on, or after June 29, 2023 shall be deemed valid ab initio.
25 Del. C. 1953, §  309;  55 Del. Laws, c. 247;  68 Del. Laws, c. 318, §  1;  70 Del Laws, c. 186,, §  1;  71 Del. Laws, c. 333, §  1;  84 Del. Laws, c. 69, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 310. Release of rights of curtesy or dower.

§ 310. Release of rights of curtesy or dower.
A married man may relinquish or release to his wife his right of curtesy in any real estate whereof his wife is seized of an estate of inheritance, and a married woman may relinquish or release to her husband her right of dower in any real estate whereof her husband is seized of an estate of inheritance, by deed duly executed and acknowledged, in the manner provided by law for deeds to be recorded, or by deed conveying such estate of inheritance in the real estate by the husband to the wife, or by the wife to the husband, wherein the husband's right of curtesy or the wife's right of dower is specifically relinquished or released and thereafter the real estate may be conveyed, encumbered, devised, or otherwise disposed of, and shall descend free and clear of any such right or estate of curtesy or dower, but the real estate may descend to the husband or wife, as the case may be, in case of the death of the wife or husband intestate, in accordance with law, notwithstanding such relinquishment or release.
25 Del. C. 1953, §  310;  55 Del. Laws, c. 247;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 311. Conveyance of real estate to create either joint tenancy with right of survivorship or tenancy in common with grantor.

§ 311. Conveyance of real estate to create either joint tenancy with right of survivorship or tenancy in common with grantor.
Any conveyance of real estate made by the grantor to the grantor's own self and another or others, either as joint tenants with right of survivorship or as tenants in common, shall, if otherwise valid, be as fully effective to vest either an estate in joint tenancy with right of survivorship or an estate as tenancy in common, as the case may be, in such real estate, in the grantees named, including the grantor, as if the same had been conveyed by the grantor therein to a third party and by such third party to said grantees.
25 Del. C. 1953, §  311;  58 Del. Laws, c. 269;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 312. Acquisition and conveyance of title to real estate by persons of the age of 18 years or older.

§ 312. Acquisition and conveyance of title to real estate by persons of the age of 18 years or older.
Any person of the age of 18 years or older who is not otherwise incompetent may contract to purchase, acquire, take, hold, sell, transfer, assign, lease, demise, encumber, or otherwise convey any estate, right, title or interest in real estate, may take title to and accept delivery of a deed, indenture, mortgage, lease, or other instrument of conveyance to any estate, right, title or interest in real estate and may execute, acknowledge and deliver a deed, indenture, mortgage, lease, or other instrument of conveyance for any interest, estate, right or title in real estate without the interference of a guardian, trustee or the like, and such deed, indenture, mortgage, lease or other instrument of conveyance for any interest, estate, right or title in real estate 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.
25 Del. C. 1953, §  312;  58 Del. Laws, c. 439, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 313. Contract for sale of unimproved real estate; notice to buyer of public sewerage and water facilities.

§ 313. Contract for sale of unimproved real estate; notice to buyer of public sewerage and water facilities.
Every contract for the sale of unimproved real estate located in the State shall have the following notice provision appear conspicuously therein:
“NOTICE TO BUYER:
If the property being purchased hereunder is an unimproved parcel of land, buyer should consult with the appropriate public authorities to ascertain whether central sewerage and water facilities are available, or, if not, whether the property will be approved by appropriate public authorities for the installation of a well and private sewerage disposal system. If central sewerage and water facilities are not available, then this Contract is contingent upon:
(1) a satisfactory site evaluation that will allow the installation of an approved on-site disposal system, in accordance with the regulations promulgated by the Department of Natural Resources & Environmental Control, that is acceptable to the buyer; (2) the availability of a water supply; and (3) the lot conforming with the local zoning ordinance; or this Contract shall become null and void and all deposits shall be returned to the buyer. The (buyer/sellers/authorized agent) shall request the site evaluation on or before (date) . (Buyer/Seller) shall pay all costs of complying with these provisions. The buyer and seller may modify these provisions or the buyer may waive these provisions of the Contract by attaching an addendum signed by the seller and the buyer.”
65 Del. Laws, c. 306, §  1;  66 Del. Laws, c. 396, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 315. Contracts for sale of agricultural lands.

§ 315. Contracts for sale of agricultural lands.
Every contract for the sale of agricultural lands which are, either at the time of execution or at the time of settlement of said contract, subject to an agricultural lease shall include within its terms notice to the purchaser of the terms of said agricultural lease and the agricultural lease renewal provisions of Chapter 67 of this title.
69 Del. Laws, c. 211, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 316. Display of flags.

§ 316. Display of flags.
No restriction shall be enforceable with respect to real property which prohibits or limits the ability of a property owner or tenant to display the flag of the United States of America on a pole attached to the exterior of the property's building or structure within the owned or leased property's boundaries or on a flagpole located within the owned or leased property's boundaries, if the flagpole is installed prior to termination of any period of community developer control, provided such flag's measurement does not exceed 3 feet by 5 feet and such flagpole installed by the owner does not exceed 25 feet in height and conforms to all setback requirements. Any such installed flagpole shall not be required to be removed after termination of community developer control.
74 Del. Laws, c. 389, §  1;  79 Del. Laws, c. 93, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 317. Restriction on fee collection for community amenities by community developers and/or homeowner associations.

§ 317. Restriction on fee collection for community amenities by community developers and/or homeowner associations.
(a) A community developer, homeowner association, or other similar entity may not collect fees for an amenity that is not yet completed and available for residents' use in a community development.
(b) If fees for amenities are not differentiated on an itemized basis, no fee may be collected until all amenities are completed and available for use by residents in a community development.
(c) The Attorney General may enforce a violation of this section as a violation of consumer law under Chapter 25 of Title 6.
76 Del. Laws, c. 215, §  1;  77 Del. Laws, c. 284, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 3. TITLES AND CONVEYANCES › § 317A. Required disclosure of financial obligations in chain of title for new home sales.

§ 317A. Required disclosure of financial obligations in chain of title for new home sales.
(a) On or before the date that the contract of sale of a new home is delivered to the buyer, the seller shall deliver to the buyer:
(1) A copy of all documents in the chain of title that create any financial obligation for the buyer; and
(2) A written summary of all financial obligations created by documents in the chain of title.
(b) At the time the seller delivers the documents required by subsection (a) of this section, the seller shall obtain from the buyer a written acknowledgement that the buyer received those documents.
(c) The Attorney General may enforce a violation of this section as a violation of consumer law under Chapter 25 of Title 6.
(d) This section does not apply to transactions in which the seller has provided to the buyer either a public offering statement that includes the information required by § 81-403(a)(4) and (16) of this title, or a resale certificate form, under Chapter 81 of this title, known as the Delaware Uniform Common Interest Ownership Act, or to a disposition that is exempt under § 81-401 of this title.
(e) The Delaware Real Estate Commission (DREC) shall modify or amend existing disclosure forms, or create forms as necessary, to ensure the timely and consistent delivery of financial information to the seller pursuant to subsection (a) of this section. The DREC shall have these forms modified, amended, or created by January 1, 2011.
77 Del. Laws, c. 283, §  1;