Title 25, Property

§ 6705. Distress on agricultural leases. (a) Distress will lie for any rent due and owing on agricultural lands, and distraint may be effected on any personalty including a quantity or share of crops being grown by the tenant on the land of the landlord. (b) A distress may be of …

§ 6706. Preference of rent in cases of execution. (a) (1) If grain or other produce, growing or being upon premises held by a tenant, for which rent to be paid is a quantity or share of grain or other produce, is seized by virtue of any process of execution, attachment or sequest…

§ 6707. Removal by tenant of hay. Whenever a tenant at the beginning of that tenant’s tenancy has moved or carried upon the demised premises any hay, the tenant shall at the expiration of that tenant’s tenancy be authorized to remove from the premises, without the consent of the …

§ 6708. Obstruction by tenant; protection afforded tenant’s crops. In the absence of a written contract to the contrary, no tenant of a farm shall obstruct or interfere with the cultivation and care of fruit trees, the seeding of wheat and other grains where by custom or by contr…

§ 6709. Duties of outgoing tenants with respect to corn. Any agricultural tenant who grew corn or who is growing corn the year the tenant surrenders possession of the premises shall harvest all corn which the tenant leaves on the premises at the time of that tenant’s removal. In …

§ 6710. Rent payable with portion of grain or produce. In all cases where land shall be rendered in consideration of the rendering of a portion of the crops raised upon the same, or for a specific amount of grain or other produce, and the tenant shall fail to render such grain or…

§ 6711. Distress of agricultural produce; appraisal. Where the distress is for grain or produce, the person authorized to levy such distress shall summon and cause to be sworn 2 disinterested persons, whose duty it shall be to estimate under oath the money value of the specific a…

§ 6712. Delivery of grain or other produce, or payment of estimated value. The tenant whose goods are distrained in accordance with this chapter shall have that tenant’s election at any time before the goods, chattels and property distrained shall be sold under such distress to d…

§ 6713. Number and compensation of appraisers. No sheriff, constable or other person making distress for rent shall summon more than 2 appraisers of property, and the compensation of the appraisers shall be $5.00 each, to be recovered and paid as other costs in such cases. In dis…

§ 6714. Crops reserved as rent. In all cases of renting lands wherein a share of the growing crop or crops shall be reserved as rent, said rent reserved shall be a lien upon such crop or crops, and such crop or crops shall not be seized in bankruptcy or insolvency, or by process …

§ 6715. Lien on crops. In all cases of renting land wherein a share of the growing crop or crops shall be reserved as rent, or wherein advances are made by the landlord upon the faith of the crops to be grown, said rent reserved and such advances made shall be a lien on such crop…

§ 6716. Preference of rent in cases of execution. Liability of goods levied upon for 1 year’s rent: (1) If goods, chattels or crops of a tenant being upon premises held by the tenant by demise under a rent of money are seized by virtue of any process of execution, attachment or s…

§ 6717. Taxes paid by tenant; setoff against rent; recovery from owner. Any tax laid upon lands or tenements according to law which is paid by or levied from the tenant of such lands or tenements, or a person occupying and having charge of same, shall be a setoff against the rent…

§ 6718. Jurisdiction; service of process. An action for possession involving an agricultural lease shall be heard by the Justice of the Peace Court which hears civil cases in the county in which the property is located. In the event that the property involved in the litigation is…

§ 6721. Disposition of manure. (a) (1) In the absence of an express agreement between the parties, an agricultural tenant, whether a tenant at will or for a term of years, shall have no right to remove, or sell for removal, any manure made in the ordinary course of that tenant’s …

§ 6722. Improper tillage and cutting of timber. The cutting of timber by the tenant on leased agricultural land, without the consent of the landlord in writing, is waste. Improper tillage and the cutting of timber may be enjoined by the landlord, who may also bring an action for …

§ 6723. Assignment of farm leases. A lease of land on shares, including the use of buildings, farm implements, stock and other personal property, is a personal contract and is not assignable without the consent of the lessor; provided, however, where the original lease runs “to t…

§ 6724. Delivery of crop rent. In the absence of any agreement between a landlord and that landlord’s tenant fixing the place at which crop rent shall be delivered, it shall be delivered upon the leased premises.60 Del. Laws, c. 175, § 1; 70 Del. Laws, c. 186, § 1;