Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 1601. Written notice of pendency of action.
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§ 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 enfo…
25 Del. C. § 1602. Recording; indexing; cancellation.
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§ 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 …
25 Del. C. § 1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency.
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§ 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 an…
25 Del. C. § 1604. Effective term.
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§ 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 …
25 Del. C. § 1605. Mailing of notice of pendency to parties against whom notice is indexed.
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§ 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 l…
25 Del. C. § 1606. Mandatory cancellation.
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§ 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;…
25 Del. C. § 1607. Cancellation upon condition of security.
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§ 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 th…
25 Del. C. § 1608. Discretionary cancellation; hearing on probability of success on the merits.
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§ 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…
25 Del. C. § 1609. Voluntary cancellation by party recording the notice.
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§ 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 record…
25 Del. C. § 1610. Effect of canceled or expired notice.
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§ 1610. Effect of canceled or expired notice. A canceled or expired notice of pendency shall not be deemed to be actual or constructive notice to any person for any purpose.67 Del. Laws, c. 59, § 1;
25 Del. C. § 1611. Costs and attorneys’ fees.
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§ 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…
25 Del. C. § 1612. Fee for recording notice as taxable costs.
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§ 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;
25 Del. C. § 1613. Recording and marginal notation of judgment or stipulation of dismissal.
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§ 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 deed…
25 Del. C. § 1614. Express repeal of common law.
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§ 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. La…