Title 25 — Property

§ 3902. Lienholder’s loss of possession. In case, either before or after the price or reward become due and payable, the lienholder under § 3901 of this title loses possession of the encumbered property, except by court order pursuant to this chapter, the lienholder’s lien shall …

§ 3903. Sale to satisfy liens. (a) If a lienholder under § 3901 or § 3902 of this title is not paid the amount due, and for which the lien is given within 30 days after the same or any part thereof became due, then the lienholder may proceed to sell the property, or so much there…

§ 3904. Release of owner’s interest in vehicle or property. (a) An owner of property subject to a lien under § 3901 or § 3902 of this title may release any interest in the property after the lien has risen. The release shall be dated when signed and a copy shall be given at the t…

§ 3905. Notice of sale; disposition of proceeds. (a) Prior to any such sale the lienholder shall give at least 15 days’ notice of the sale by handbills posted in 5 or more public places and by advertising in a newspaper published and/or circulated in the county in which the sale …

§ 3906. Motor vehicles. (a) In the case of motor vehicles required to be registered under the motor vehicle laws of this or any other state, notice containing the information required in § 3903(b) of this title shall be given to the registered owners and known lienholders at thei…

§ 3907. Priority of lien. (a) All liens created pursuant to § 3901 or § 3902 of this title shall be superior to any lien, title or interest of any person who has a security interest by virtue of a conditional sales contract or a prior perfected security interest in accordance wit…

§ 3908. Remedy of owner. The owners or other persons claiming an interest in the property, in addition to the right to a hearing as provided herein, shall have the right to file an action in replevin or detinue at any time in accordance with Chapter 95 of Title 10, and no bond sh…

§ 3909. Jurisdiction. The Justice of the Peace Court in the county in which the lienholder’s business establishment is located shall have exclusive original jurisdiction of all petitions for sale under this chapter, notwithstanding the monetary amount claimed by the lienholder. I…

§ 3910. Rules. The Justice of the Peace Court and Superior Court may adopt appropriate and specific rules to effectuate the intent and purpose of this chapter.61 Del. Laws, c. 367, § 1; 78 Del. Laws, c. 62, § 5;

§ 4001. Definition of abandoned personal property. (a) For the purposes of this chapter “abandoned personal property” shall be deemed to be tangible personal property which the rightful owner has left in the care or custody of another person and has failed to maintain, pay for th…

§ 4002. Right and title to abandoned personal property. Notwithstanding any other provision of the Delaware Code to the contrary, including § 1157 of Title 12, upon order of the court as provided in this chapter, any person who holds, stores, safekeeps or otherwise is left with p…

§ 4003. Procedure to obtain title. (a) Any person who holds, stores, safekeeps or otherwise is left with possession of any abandoned personal property may be vested with complete right and title to said abandoned personal property upon application to a court of competent jurisdic…

§ 4004. Sheriff’s or constable’s sale of the property when there are lienholders. (a) If it is determined that there are lienholders or other persons with secured or other interests in the abandoned property, the court shall further order that the subject property shall be sold a…

§ 4005. Remedy of owner. The owners or other persons claiming an interest in the property, in addition to the right to a hearing as provided herein, shall have the right to file an action in replevin at any time prior to a final determination of title by the court and no bond sha…

§ 4006. Motor vehicles. In the case of motor vehicles, the court shall enter an order requiring the Division of Motor Vehicles to issue title to the vehicle in the name of the petitioner or other person who has purchased the vehicle through sheriff’s or constable’s sale, and the …

§ 4007. Jurisdiction. The Justice of the Peace Courts, Court of Common Pleas and Superior Court shall have concurrent jurisdiction over actions instituted under this chapter.72 Del. Laws, c. 192, § 1; 78 Del. Laws, c. 21, § 6;

§ 4008. Rules. The courts may adopt appropriate and specific rules to effectuate the intent and purpose of this chapter.72 Del. Laws, c. 192, § 1; 78 Del. Laws, c. 21, § 6;

§ 4101. Priority of lien. The owner of a threshing machine, corn picker or hay baler shall have first lien upon any wheat, corn, hay or other grain threshed, picked or baled by that owner with the threshing machine, corn picker or hay baler to the full amount of the owner’s claim…

§ 4102. Removal of grain under lien. No person shall take, remove or carry away from the premises where it is threshed any wheat, corn, hay or other grain upon which there is a lien of any kind without the written consent of the person having such lien or without first paying in …

§ 4103. Penalties. (a) Whoever violates this chapter shall be fined not less than $10 nor more than $100 for each offense. (b) Justices of the peace shall have jurisdiction of offenses under this section.35 Del. Laws, c. 184, § 3; Code 1935, § 3354; 25 Del. C. 1953, § 4103;

§ 4301. Liens in favor of charitable hospitals. Every charitable association, corporation or other institution maintaining a hospital in this State, supported in whole or in part by private charity, shall have a lien upon any and all claims or demands, all rights of action, suits…

§ 4302. Establishment of lien; notice of claim. A charitable association, corporation or other institution shall file in the office of the prothonotary of the county in which such injuries shall have occurred a notice in writing, containing the names and addresses of the injured …

§ 4303. Attachment of lien to judgment. The lien of any hospital shall attach to any verdict, report, decision, decree, award, judgment or final order made or rendered in any action or proceeding in any court of record of Delaware or any public board or bureau in any suit, action…

§ 4304. Release as effective; liability of person making payment; limitation. After the filing of the notice as provided in this chapter, no release of any judgment, claim or demand by the injured person shall be valid or effectual as against such lien, and the person making any …

§ 4305. Recording of liens; fees. (a) Every prothonotary shall, at the expense of the county, provide a suitable, well-bound book, to be called the Hospital Lien Docket, in which, upon the filing of any lien claim under this chapter, the prothonotary shall enter the name of the i…

§ 4306. Examination of hospital records. Any person legally liable or against whom a claim shall be asserted for compensation for injuries shall be permitted to examine the records of any association, corporation or other institution or body maintaining a hospital in reference to…

§ 4501. Priority of lien; transfer of lien upon execution sale. (a) All water rents laid or imposed by the Board of Water Commissioners for the City of Wilmington, remaining unpaid and in arrears for 30 days after they become due, shall be and constitute a lien upon the lands and…

§ 4502. Duration of lien. The lien for water rents shall remain a lien for the period of 5 years and no longer from the expiration of 30 days after the water rents became due and payable.43 Del. Laws, c. 142, § 2; 25 Del. C. 1953, § 4502;

§ 4601. Demolition; notice; reimbursement; lien; lien docket. (a) Except where a building or structure is demolished under emergency conditions, no lien or personal judgment, as provided in subsections (b) and (c) of this section, may be obtained for the recovery of demolition co…

§ 4602. Demolition; priority of lien; transfer of lien upon executed sale. Any lien filed pursuant to this chapter shall have priority over any other lien upon or interest in the lands and premises upon which the razed or demolished building or structure was situated, even though…

§ 4603. Improvements; notice; reimbursement; lien; lien docket. (a) Except where a building or structure is improved under emergency conditions, no lien or personal judgment, as provided in subsections (b) and (c) of this section, may be obtained for the recovery of costs of duly…

§ 4604. Improvements; priority of lien; transfer of lien upon executed sale. Any lien filed pursuant to this chapter shall have priority over any other lien upon or interest in the lands and premises upon which the building or structure which has received exterior improvements wa…

§ 4701. Failure to obtain fire insurance on demand of lienholder. Any person, failing within 30 days after notice to furnish to any lienholder of record an adequate fire insurance policy or policies, the premium or premiums upon which have been paid in full in an amount sufficien…

§ 4702. Right of mortgagee to recover fire insurance premiums. Any mortgagee having paid any premium or premiums of fire insurance covering the mortgaged premises shall, in any action of scire facias sur mortgage or other civil action, obtain in the final judgment in the cause th…

§§ 4801-4805. Federal tax lien; execution of notices and certificates; duties of filing officer; fees; short title [Repealed]. Repealed by 70 Del. Laws, c. 504, § 1, eff. July 12, 1996.

§ 4901. Short title. This chapter shall be known as the “Self-Service Storage Facility Act.”62 Del. Laws, c. 364, § 1;

§ 4902. Definitions. As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meaning: (1) “Electronic mail” means communication delivered by electronic means as set forth in § 107(a)(1)a. and b. of Title 18. (2) “Last k…

§ 4903. Creation of lien. The owner of a self-service storage facility and the owner’s heirs, executors, administrators, successors and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other charges, present or future, i…

§ 4903A. Rental agreements. The rental agreement must contain a statement advising any occupant of the following: (1) The existence of the lien. (2) That personal property stored in the leased space may be sold to satisfy the lien if the occupant is in default.85 Del. Laws, c. 12…

§ 4904. Enforcement; satisfaction of lien. (a) An owner’s lien as provided for in § 4903 of this title for a claim which has become due may be satisfied as follows: (1) The occupant shall be notified; (2) The notice shall be delivered in person, by verified mail, by electronic ma…

§ 4905. Construction of chapter. Nothing in this chapter shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, o…

§ 5001. Definitions. (a) “Department” means the Delaware Department of Health and Social Services. (b) “Discharge from a long-term care service” means the release of a person from a long-term care facility for the purpose of returning to the home for permanent residence or discon…

§ 5002. Liens; notice. (a) Subject to the provisions of subsections (b) and (c) of this section, for any individual who is 55 years of age or older when the individual receives services in a long-term care facility under the auspices of the Department, a lien shall be created aga…

§ 5003. Estate recovery. In the case of any individual receiving long-term care from the Department, the Department shall seek recovery for any disbursements made on behalf of such individual under the State Plan for Medical Assistance, from the individual’s estate or upon sale o…

§ 5004. Voluntary reimbursement. The Department shall accept reimbursement for medical assistance it has rendered when voluntarily offered by a current or former recipient of long-term care or someone acting on the recipient’s behalf to offset any recovery under § 5003 of this ti…

§ 5005. Undue hardship. The Department shall, by October 13, 1994, establish procedures under which the Department shall waive the application of § 5003 of this title if it would work an undue hardship. However, a waiver granted pursuant to this section shall remain in effect onl…

§ 5006. Rules and regulations. The Department shall establish rules and regulations by which it can carry out the terms of this law.69 Del. Laws, c. 392, § 1;

§ 5301. Landlord obligation; rental agreement. (a) A rental agreement shall not provide that a tenant: (1) Agrees to waive or forego rights or remedies under this Code. (2) Authorizes any person to confess judgment on a claim arising out of the rental agreement. (3) Agrees to the…

§ 5302. Tenant remedy; termination at the beginning of term. (a) If the landlord fails to substantially conform to the rental agreement, or if there is a material noncompliance with any code, statute, ordinance or regulation governing the maintenance or operation of the premises,…

§ 5303. Landlord obligation to supply possession of rental unit. The landlord shall supply the rental unit bargained for at the beginning of the term and shall put the tenant into full possession.70 Del. Laws, c. 513, § 2;