Title 9 — Counties
64 chapters · 566 sections in this title.
9 Del. C. § 9601. Election; term of office.
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§ 9601. Election; term of office. There shall be a recorder in each county who shall be elected at the general elections for a term of 4 years commencing on the first Tuesday in January next after his or her election.Code 1852, §§ 637, 638; Code 1915, §§ 1371, 1372; Code 1935, §§…
9 Del. C. § 9602. Compensation.
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§ 9602. Compensation. The recorders in the respective counties shall receive the annual salaries listed below: (1) In New Castle County, as fixed by the New Castle County government; (2) In Kent County the Recorder of Kent County shall receive a salary in an amount to be set by o…
9 Del. C. § 9603. Deputies and employees.
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§ 9603. Deputies and employees. The recorders in Kent and Sussex Counties may employ such chief deputy, deputies and clerks as are authorized by the governments of the counties, at compensations fixed by such governments. In Kent County, minimum qualifications may be established …
9 Del. C. § 9604. Inventory of books and records [Repealed].
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§ 9604. Inventory of books and records [Repealed]. Repealed by 72 Del. Laws, c. 28, § 1, effective May 12, 1999.
9 Del. C. § 9605. Recordation of instruments [For application of this section, see 85 Del. Laws, c. 137, § 12].
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§ 9605. Recordation of instruments [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) Each recorder shall record, within a reasonable time, deeds, indentures, letters of attorney relating to land, mortgages, releases of lien of mortgages, leases, releases, ass…
9 Del. C. § 9606. Recordation of instruments; duties.
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§ 9606. Recordation of instruments; duties. When a document is lodged for recording in the recorder’s office and the fees paid, the recorder shall note upon it the day, month and year, and in case of any mortgage, the hour and minute of its being so lodged, and shall record the s…
9 Del. C. § 9607. Collection of recording fees; certain taxes; Housing Development Fund surcharge; Delaware Cultural Access Fund fee.
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§ 9607. Collection of recording fees; certain taxes; Housing Development Fund surcharge; Delaware Cultural Access Fund fee. (a) The recorder may require the payment of fees for recording any instrument as soon as the recorder shall have noted the date of reception on such instrum…
9 Del. C. § 9608. Assignment record.
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§ 9608. Assignment record. Each recorder shall keep an assignment record and index thereof. There shall be recorded in such record the assignment of all mortgages and other instruments which are by law recorded in his or her office.12 Del. Laws, c. 110; Code 1915, § 1375; Code 19…
9 Del. C. § 9609. Separate books for maps and plots.
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§ 9609. Separate books for maps and plots. Each recorder shall record all maps and plots of real estate, presented to his or her office for recording, in separate volumes. The recorder shall make and preserve, in proper index books, an accurate index of all such maps and plots.43…
9 Del. C. § 9610. Recording of official obligations; notation of cancellation.
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§ 9610. Recording of official obligations; notation of cancellation. (a) Each recorder shall record the official obligations of constables, registers of wills, Prothonotaries, clerks of the peace, Registers in Chancery, and preserve the original in his or her office, those for ea…
9 Del. C. § 9611. Recordation of instruments containing certificate of notarial act.
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§ 9611. Recordation of instruments containing certificate of notarial act. (a) Any document presented to the recorder for recording which contains a certificate of a notarial act as defined by §§ 4316(5) and 4328 of Title 29 (existing or as amended), shall, in addition to other m…
9 Del. C. § 9612. Recorded instrument or certified copy thereof as evidence.
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§ 9612. Recorded instrument or certified copy thereof as evidence. The record of any instrument of writing, authorized by law to be recorded in the recorder’s office, or a duly certified copy of such record, or the record of forms required by § 9605(b) of this title, shall be evi…
9 Del. C. § 9613. Certificate of scire facias [Repealed].
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§ 9613. Certificate of scire facias [Repealed]. Repealed by 72 Del. Laws, c. 26, § 1, effective May 12, 1999.
9 Del. C. § 9614. Report of real estate transfers to boards of assessment and taxing authorities of incorporated towns and cities; to Wilmington Department of Surveys.
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§ 9614. Report of real estate transfers to boards of assessment and taxing authorities of incorporated towns and cities; to Wilmington Department of Surveys. (a) Each recorder shall furnish to the board of assessment or department of finance a proper description of each parcel of…
9 Del. C. § 9615. Delivery of records to Delaware Public Archives; photocopies; evidence.
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§ 9615. Delivery of records to Delaware Public Archives; photocopies; evidence. (a) The recorder, in each of the counties, upon the advice and approval of the Resident Judge of the Superior Court of the county, may deliver to the Delaware Public Archives, with the consent of the …
9 Del. C. § 9616. Neglect of duty; penalty.
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§ 9616. Neglect of duty; penalty. For the neglect of any duty prescribed in this chapter, in cases where no other penalty is prescribed, the recorder shall be fined not more than $50.Code 1852, § 645; Code 1915, § 1387; Code 1935, § 1558; 9 Del. C. 1953, § 9616;
9 Del. C. § 9617. Fees in New Castle and Sussex Counties.
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§ 9617. Fees in New Castle and Sussex Counties. The fees of the Recorders of Deeds in New Castle and Sussex Counties shall be established by ordinance.24 Del. Laws, c. 247, § 3; Code 1915, § 4862; Code 1935, § 5357; 41 Del. Laws, c. 217; 44 Del. Laws, c. 182, § 1; 46 Del. Laws, c…
9 Del. C. § 9618. Fees in Sussex County [Repealed].
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§ 9618. Fees in Sussex County [Repealed]. Repealed by 63 Del. Laws, c. 132, § 2, effective July 9, 1981.
9 Del. C. § 9619. Fees in Kent County.
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§ 9619. Fees in Kent County. The fees of the Recorder of Deeds in Kent County shall be established by ordinance.9 Del. C. 1953, § 9620; 56 Del. Laws, c. 126, § 2; 60 Del. Laws, c. 221, § 1; 64 Del. Laws, c. 89, § 1;
9 Del. C. § 9620. Neglect or refusal to pay fees; penalty.
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§ 9620. Neglect or refusal to pay fees; penalty. Whoever neglects or refuses to pay the fees provided for in §§ 9617 and 9619 of this title, for any service performed, within 10 days after written demand from the recorder to whom such fees are due, shall be fined $10 besides cost…
9 Del. C. § 9621. Indexing of records in the office of the Recorder of Sussex County.
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§ 9621. Indexing of records in the office of the Recorder of Sussex County. (a) The Recorder of Sussex County shall from time to time, on and after January 10, 1968, under the supervision and subject to the approval of the Resident Judge of the Superior Court residing in Sussex C…
9 Del. C. § 9622. Department of finance construed.
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§ 9622. Department of finance construed. Any reference to “department of finance” shall be deemed to mean and include the Department of Finance in Sussex County and the Office of Finance in New Castle County.9 Del. C. 1953, § 9622; 57 Del. Laws, c. 762, § 30; 71 Del. Laws, c. 401…
9 Del. C. § 9623. Required statement in deed conveying certain property in unincorporated suburban community.
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§ 9623. Required statement in deed conveying certain property in unincorporated suburban community. In the event any real property in an unincorporated suburban community with road frontage on a private road or street, constructed or reconstructed pursuant to § 131 of Title 17, w…
9 Del. C. § 9624. Integration of documents from the office of the Secretary of State [Repealed].
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§ 9624. Integration of documents from the office of the Secretary of State [Repealed].70 Del. Laws, c. 587, § 40; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 377, § 18, effective Aug. 1, 2022.;
9 Del. C. § 9625. Fee, charges and rules for public access [Repealed].
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§ 9625. Fee, charges and rules for public access [Repealed].70 Del. Laws, c. 587, § 41; repealed by 83 Del. Laws, c. 377, § 19, effective Aug. 1, 2022.;
9 Del. C. § 9626. Transfer of assessment fees.
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§ 9626. Transfer of assessment fees. The New Castle County Recorder of Deeds shall monthly cause to be remitted 1/2 of all fees which are by law payable to the New Castle County Recorder of Deeds pursuant to § 103(c)(6) of Title 8 to the treasury of the City of Wilmington.75 Del.…
9 Del. C. § 9627. Redaction of information.
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§ 9627. Redaction of information. (a) The recorder for each county shall be authorized to establish administrative procedures to allow a party who has previously been a signatory on an instrument for recordation to request that the recorder redact personal identifying information…
9 Del. C. § 9628. Redaction of unlawful restrictive covenant.
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§ 9628. Redaction of unlawful restrictive covenant. (a) An owner of real property that is subject to an instrument that contains a provision that is in violation of § 9605(b) of this title, including a governing document of a common interest community, may request that the record…