Title 25, Property

§ 2702. Persons entitled to obtain lien. (a) It shall be lawful for any person having performed or furnished labor or material, or both, to an amount exceeding $25 in or for the erection, alteration or repair of any structure, in pursuance of any contract, express or implied, wit…

§ 2703. Contract requirements to obtain lien based solely on improvement to land. No lien shall attach in case the improvements are to the land alone, unless a contract in writing, signed by the owner or owners thereof, setting forth the names of all parties to the contract and c…

§ 2704. Liens effective for or against corporations. Liens may be filed for or against corporations or individuals.16 Del. Laws, c. 145, § 4; Code 1915, § 2846; 29 Del. Laws, c. 226; Code 1935, § 3327; 25 Del. C. 1953, § 2704;

§ 2705. Duty of contractor to provide list of persons furnishing labor and material; effect of failure to provide list. The owner of any structure built, repaired or altered by any contractor or subcontractor may require such contractor or subcontractor from time to time to furni…

§ 2706. Waiver of lien. (a) Persons entitled to avail themselves of the lien provided for in this chapter shall not be considered as waiving the same by granting a credit or receiving notes or other securities, unless the same be received as payment or the lien expressly waived, …

§ 2707. Payment of contractor by owner of residence as a defense; certification of payment for labor and materials or release of liens by contractor. No lien shall be obtained under this chapter upon the lands, structure, or both, of any owner which is used solely as a residence …

§ 2708. Fringe benefits. A mechanics’ lien may be used to secure payment of any unpaid amounts due under contract from the contractor arising from a subcontractor’s labor including payment of fringe benefit items. As used in this section, the phrase “fringe benefit items” shall h…

§ 2711. Time for filing of statement of claim. (a) (1) A contractor who: a. Has made that contractor’s contract directly with the owner or reputed owner of any structure; and b. Has furnished both labor and material in and for such structure, or has provided construction manageme…

§ 2712. Requirements of complaint or statement of claim. (a) Every person entitled to the benefits conferred by this chapter and desiring to avail said person’s own self of the lien provided for in this chapter, shall, within the time specified in this chapter, file a statement o…

§ 2713. Claims against 2 or more structures owned by same person. In every case in which 1 claim for labor or materials is filed by the same person against 2 or more structures owned by the same person for building, altering or repairing 2 or more structures owned by the same per…

§ 2714. Proceedings by scire facias; form. (a) The proceedings to recover the amount of any claim shall be by writ of scire facias. (b) The writ of scire facias used under the provisions of this chapter shall be in the form prescribed by the Superior Court.16 Del. Laws, c. 145, §…

§ 2715. Issuance and service of scire facias. The writ shall be issued, returnable and served in the same manner as other writs of scire facias upon the defendant therein named, if the defendant can be found within the county. A copy of the writ shall be left with some person res…

§ 2716. Default judgment; affidavit of defense. Judgment by default may be entered for the plaintiff at such time and in the manner prescribed by the rules of the Superior Court, unless the defendant has previously filed in the cause an affidavit that the defendant verily believe…

§ 2717. Proof of work done or materials furnished as prima facie evidence of extension of credit on structure. Proof by the claimant that labor or materials, or both, was performed or furnished upon or to any structure, or immediately adjacent thereto, or that construction manage…

§ 2718. Lien of judgment. (a) Any judgment obtained under a claim made in accordance with this subchapter shall become a lien upon such structure and upon the ground upon which the same is situated, erected or constructed and shall relate back to the day upon which the labor was …

§ 2719. Execution by levari facias; form. The execution of every judgment under the foregoing provisions shall be by writ of levari facias in the following form: “. . . . . . . . . . . . . . . . . . . . County, ss.: The State of Delaware. To the Sheriff of said County, greeting: …

§ 2720. Division of proceeds. If the proceeds received from any sale under the writ of levari facias is not sufficient to pay in full all liens, such proceeds shall be ratably divided among the persons who have availed themselves of the provisions of this chapter without priority…

§ 2721. Savings provision for personal actions. (a) Nothing contained in this subchapter shall be construed to impair or otherwise affect the right of any person to whom any debt may be due for labor done or materials furnished to maintain any personal action against the owner or…

§ 2722. Lien where labor is done or materials furnished at instance of lessee or tenant. Nothing contained in this subchapter shall be construed to render property liable to liens under this chapter for repairs, alterations or additions, when such property has been altered, added…

§ 2723. Rights of owner where lien or judgment is obtained by a subcontractor. The owner of any structure built, repaired or altered by any contractor who has contracted to build, erect, alter or repair the same and furnish the materials therefor may, in case any liens are entere…

§ 2724. Entries in Mechanics’ Lien Docket. The prothonotary in each county of this State shall procure and keep a docket, to be called “The Mechanics’ Lien Docket,” in which the prothonotary shall make an entry of each claim filed, setting down therein the names of the parties, p…

§ 2725. Procedure where claimant institutes personal action and also proceeds under this chapter. (a) When the claimant proceeds under this chapter for availing the claimant’s own self of that claimant’s lien and institutes any personal action for the same demand or any part ther…

§ 2726. Mechanics’ lien on ship or vessel; time for filing claim; procedure. This subchapter shall also extend to labor or materials performed or furnished in the construction, alteration, furnishing, rigging, launching or repairing of any ship or vessel within this State. No bil…

§ 2727. Auditors; powers and duties; report to Court; exceptions to report. On the return of the writ of attachment or summons the Court may, upon petition of any person claiming to have performed or furnished labor or materials at the request of the plaintiff or plaintiffs in th…

§ 2728. Judgment on attachment; sale and distribution; suit for deficiency; return of surplus; title under sale. If the attachment has not been dissolved, as provided in this subchapter, judgment may be given for the plaintiff in the attachment at the second term after issuing th…

§ 2729. Discharge of lien on payment into Court or entry of security. (a) Cash deposit. — Any claim filed hereunder shall, upon petition of the owner or any party in interest, be discharged as a lien against the property whenever a sum equal to the amount of the claim shall have …

§ 2731. Lien for less than $100. Any person having performed any labor to any amount less than $100 in or for the erection, alteration or repair of any structure or bridge, in pursuance of any contract, expressed or implied, with the owner or reputed owner of such structure or br…

§ 2732. Time for filing statement of claim; place. No person having done or performed any labor in or about the erection, alteration or repair of any structure or bridge shall be allowed to file any statement of that person’s claim before a justice of the peace until after the ex…

§ 2733. Requirements of statement of claim. The statement of claim shall set forth the names of the party claimant, the owner or reputed owner of the structure or bridge, the contractor and the kind of labor done and whether the contract was with the owner or the owner’s agent or…

§ 2734. Summons; judgment; transcript. Immediately upon the filing of any claim under this subchapter, the justice of the peace with whom the claim is filed shall issue a summons, as in other civil cases, to the owner and contractor, directed to any constable of the county. The t…

§ 2735. Entry of transcript and judgment in Superior Court; effect; costs; contractor to give security to owner. The transcript and judgment may be entered in the Superior Court of the county in which the structure is situated and, when so entered, if within 2 days from the date …

§ 2736. Execution by levari facias; form. The execution of every judgment entered in the Superior Court upon transcript under the provisions of this subchapter shall be by writ of levari facias in the following form: “County, ss.: The State of Delaware. To the Sheriff of said Cou…

§ 2737. Discharge of lien on payment into Court or entry of security. Transferred to § 2729 of this title, effective July 17, 1990, by 67 Del. Laws, c. 373.

§ 2901. Lien of taxes and other charges; Notice of Lien. (a) (1) Except as otherwise provided, “lien” or “liens” as used in this section shall arise whenever the following charges, as defined in this section, are levied or imposed by the State or any political subdivision thereof…

§ 2902. Attachment of lien to proceeds of sale. In case any real estate upon which a tax lien exists is sold by an order of the Court of Chancery directing an executor or administrator to sell the real estate to pay the debts of a deceased person or is sold by virtue of an execut…

§ 2903. Duration of lien. (a) In New Castle County, all taxes assessed against real estate shall continue a lien against the real estate within the County for 10 years from July 1 of the year for which the taxes were levied, but if the real estate remains the property of the pers…

§ 2904. Payment of taxes by lienholder; action for collection. Any person having a lien upon any real estate located within the State may pay to the parties entitled thereto any taxes which are by law liens upon or against the real estate. Any person who has paid any such taxes s…

§ 2905. Action by lienholder to collect tax lien; amount of recovery; affidavit of demand. In any action brought to collect any lien upon real estate located within this State, the lienholder shall obtain in the final judgment in the cause the amount of money paid on account of t…

§ 2906. Priority of liens of the State and political subdivisions on real estate; extinction of such liens. (a) Except as otherwise provided in subsection (b) of this section, liens for taxes and other government charges levied and imposed by the State or its political subdivisio…

§ 3101. Federal tax liens and liens notices. This chapter applies to federal tax liens, and also to other federal liens notices, of which under any Act of Congress or any regulations drafted pursuant thereto, are required or permitted to be filed in the same manner as notices of …

§ 3102. Place of filing. (a) Notices of liens, certificates and other notices affecting federal liens must be filed in accordance with this chapter. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting such li…

§ 3103. Execution of notices and certificates. Certification of notices of liens, certificates or other notices affecting federal liens by the Secretary of the Treasury of the United States or the Secretary’s delegate or by any official or entity of the United States responsible …

§ 3104. Duties of filing officer. (a) If a notice of federal lien, a refiling of a notice of federal lien or a notice of revocation of any certificate in subsection (b) of this section is presented to a filing officer who is: (1) The Secretary of State, the Secretary of State sha…

§ 3105. Fees. (a) The fee for filing and indexing each notice of lien, or certificate or notice affecting the lien, is: (1) For a lien on real estate, $20; (2) For a lien on tangible and intangible personal property, $10; (3) For a certificate of discharge or subordination, $5; (…

§ 3501. Enforcement by public sale; nature of sale. In all cases in which commission merchants, factors and all common carriers or other persons have a lien under existing laws upon any goods, wares, merchandise or other personal property for or on account of the costs or expense…

§ 3502. Notice in special cases; jurisdiction of justices of the peace in cases of perishable property. Upon the application of any of the persons or corporations having a lien upon goods, wares, merchandise or other property, as mentioned in § 3501 of this title verified by affi…