Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 301. Fines and common recoveries.
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§ 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 b…
25 Del. C. § 302. Bar of estate tail by deed.
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§ 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, i…
25 Del. C. § 303. Warranty by life tenant and collateral warranty.
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§ 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 …
25 Del. C. § 304. Permanent leasehold estates as estates in fee simple.
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§ 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 t…
25 Del. C. § 305. Deeds by foreign corporations; recording as evidence; ownership rights.
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§ 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 creat…
25 Del. C. § 306. Title and disposal of property by aliens.
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§ 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;…
25 Del. C. § 307. Title derived through alien.
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§ 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, § 31…
25 Del. C. § 308. Validity of conveyances to or from aliens.
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§ 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 …
25 Del. C. § 309. Conveyance of real estate between spouses.
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§ 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 e…
25 Del. C. § 310. Release of rights of curtesy or dower.
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§ 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…
25 Del. C. § 311. Conveyance of real estate to create either joint tenancy with right of survivorship or tenancy in common with grantor.
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§ 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 a…
25 Del. C. § 312. Acquisition and conveyance of title to real estate by persons of the age of 18 years or older.
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§ 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 oth…
25 Del. C. § 313. Contract for sale of unimproved real estate; notice to buyer of public sewerage and water facilities.
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§ 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…
25 Del. C. § 314. Contract requirements for the sale of real estate involving seller financing.
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§ 314. Contract requirements for the sale of real estate involving seller financing. (a) Every contract for the sale of improved or unimproved real estate under which the seller or sellers agree to provide any financing for the purchaser or purchasers shall include as an integral…
25 Del. C. § 315. Contracts for sale of agricultural lands.
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§ 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 …
25 Del. C. § 316. Display of flags.
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§ 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 stru…
25 Del. C. § 317. Restriction on fee collection for community amenities by community developers and/or homeowner associations.
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§ 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’…
25 Del. C. § 317A. Required disclosure of financial obligations in chain of title for new home sales.
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§ 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 cr…
25 Del. C. § 318. Restrictive covenants.
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§ 318. Restrictive covenants. (a) As used in this section, “roof” or “roofs” means: (1) A roof of a single family dwelling unit which is solely owned by a person, persons, trust or entity and which is not designated as a common element or common property in the governing document…
25 Del. C. § 319. Private transfer fee prohibition.
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§ 319. Private transfer fee prohibition. (a) Definitions. — The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Private transfer fee”. — a…