Title 25, Property

§ 213. Effect of transfer on death deed at transferor’s death. (a) Except as otherwise provided in the transfer on death deed or in this section, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the…

§ 214. Disclaimer. A beneficiary may disclaim all or part of the beneficiary’s interest as provided by Chapter 6 of Title 12.85 Del. Laws, c. 212, § 1;

§ 215. Liability for creditor claims and statutory allowances. (a) To the extent that the transferor’s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability again…

§ 216. Optional form of transfer on death deed. The following form may be used to create a transfer on death deed. The other sections of this chapter govern the effect of this or any other instrument used to create a transfer on death deed. (front of form) REVOCABLE TRANSFER ON D…

§ 217. Optional form of revocation. The following form may be used to create an instrument of revocation under this chapter. The other sections of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form) REVOCATION OF…

§ 218. Form for notice of death of transferor; filing of transferor’s death certificate; beneficiary right to obtain transferor’s death certificate; executor or administrator inventorying of and access to property transferred by transfer on death deed; failure to file not invalid…

§ 219. Jurisdiction. The Chancery Court has jurisdiction over challenges to the validity or revocation of a transfer on death deed.85 Del. Laws, c. 212, § 1;

§ 220. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.85 Del. Laws, c. 212, § 1;

§ 221. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede § 101(c) of that …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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;…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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’…

§ 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…

§ 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…

§ 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…

§ 501. Powers of appointment; effect of rule against perpetuities. (a) Except as otherwise provided in subsection (b) of this section, every estate or interest in property, real or personal, created through the exercise, by will, deed or other instrument, of a power of appointmen…

§ 502. Release of powers of appointment [For application of this section, see 79 Del. Laws, c. 172, § 6]. (a) Any power which is exercisable by deed, by will, by deed or will, or otherwise, whether general or nongeneral, other than a power in trust which is imperative, is releasa…

§ 503. Rule against perpetuities. (a) No interest created in real property held in trust shall be void by reason of the common-law rule against perpetuities or any common-law rule limiting the duration of noncharitable purpose trusts, and no interest created in personal property …

§ 504. Certain powers of appointment. (a) Notwithstanding any other provision of this chapter, and except as otherwise provided in subsection (b) of this section, in the case of a power of appointment over property held in trust (the “first power”), if the trust is not subject to…

§ 505. Exercise of powers of appointment. (a) Unless the instrument creating a nongeneral power of appointment expressly manifests a contrary intent of the donor, the donee of such a power, in addition to exercising the power in any other manner permitted by law and the instrumen…

§ 506. Rule against accumulations. No provision directing or authorizing accumulation of trust income shall be invalid.74 Del. Laws, c. 102, § 3;

§ 701. Creation of estate in joint tenancy; exception. No estate, in joint tenancy, in lands, tenements or hereditaments shall be held or claimed by or under any grant, devise or conveyance made to any persons, other than to executors or trustees, unless the premises therein ment…

§ 702. Actions for use and occupation between cotenants. A tenant in common or a joint tenant or a coparcener may maintain against a cotenant an action for use and occupation.Code 1852, § 1721; Code 1915, § 3271; Code 1935, § 3735; 25 Del. C. 1953, § 702; 70 Del. Laws, c. 186, § …

§ 721. Petition for partition; persons entitled to apply. (a) When any 2 or more persons hold lands and tenements within this State as joint tenants or tenants in common, or as parceners under the intestate laws of this State, or when any persons hold an interest either in posses…

§ 722. Service of summons. (a) If a party, named in the summons for partition cannot be found in the county, to be served personally, service may be made by leaving a copy of the summons at the usual place of abode of such party within the county at least 6 days before the return…

§ 723. Unknown or uncertain parties in interest; description in petition; service by publication. If in any cause in partition it is unknown whether any person shown by the facts set forth in the petition to be interested in the lands and premises, or any of them, of which partit…

§ 724. Decree of partition; appointment and duties of commissioners. Upon the return of the summons, if the parties summoned do not appear, or appearing fail to show sufficient cause against making partition of the premises, the Court of Chancery shall enter upon the record of th…

§ 725. Appointment of a new commission. If from any cause a commission is returned without partition, subdivision or appraisement of the premises, or 1 or more of the freeholders dies, becomes or is declared incompetent to serve as a commissioner, before the return, or for any ca…

§ 726. Final decree of partition. If, upon the return of the commissioners, it appears that partition of the premises has been made, as directed, and the partition is approved by the Court of Chancery, a final decree shall be entered that the partition shall remain firm and stabl…

§ 727. Proportionment of shares among issue claiming by stocks. Whenever the issue of any child or other kindred of an intestate claim according to stocks by right of representation, the representatives, however numerous, of 1 stock, shall have, among them, 1 share proportioned t…

§ 728. Procedure upon petition by all interested parties. Upon the petition of all the persons of lawful age entitled to or holding lands and tenements as joint tenants, tenants in common or parceners, together with the guardians of such as are not of lawful age, the Court of Cha…

§ 729. Appointment of trustee for public sale of premises; conveyance by trustee. If from the return of the commissioners it appears that no partition of the premises has been made, and the return is approved by the Court, or if it is shown otherwise to the Court that partition o…