Title 25 — Property
44 chapters · 315 sections in this title.
25 Del. C. § 904. Liability of cotenants.
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§ 904. Liability of cotenants. A tenant in common, joint tenant or coparcener committing waste of the estate held in common, joint tenancy or coparcenary shall be liable to an action of waste at the suit of such tenant in common’s, joint tenant’s or coparcener’s cotenant.Code 185…
25 Del. C. § 905. Actions by heirs.
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§ 905. Actions by heirs. An action of waste shall be maintainable by the heir for waste done in the time of the heir’s ancestor, as well as in the heir’s own time, and as well against the executors or administrators of the tenant who committed the waste, as against the tenant.Cod…
25 Del. C. § 906. Accidental fire in house not waste.
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§ 906. Accidental fire in house not waste. (a) A person in whose house or chamber fire accidentally begins shall not be answerable for waste. (b) No contract between landlord and tenant shall be contravened by this section.Code 1852, § 1761; Code 1915, § 3328; Code 1935, § 3793; …
25 Del. C. § 907. Service of writ; judgment by default.
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§ 907. Service of writ; judgment by default. A writ of waste shall be served in the same manner as a writ of dower. There shall be no process of pone or attachment; and if the writ is served and the defendant does not appear at the return, there shall be judgment by default, unle…
25 Del. C. § 908. Procedure upon death of either party.
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§ 908. Procedure upon death of either party. The action for waste shall not abate by the death of either party, but the heir shall be admitted to prosecute the action for waste on the death of the plaintiff. If the defendant dies, the defendant’s executors or administrators may b…
25 Del. C. § 909. Judgment.
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§ 909. Judgment. In an action of waste the plaintiff shall recover the place wasted and double damages.Code 1852, § 1764; Code 1915, § 3331; Code 1935, § 3796; 25 Del. C. 1953, § 909;
25 Del. C. § 910. Writ of estrepement.
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§ 910. Writ of estrepement. During the pendency of an action of ejectment or of an action of waste to recover the place wasted, the court in which the action is pending may award a writ of estrepement to prevent waste being committed on the premises which are the subject of such …
25 Del. C. § 911. Injunction or writ of estrepement upon petition of lienholder.
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§ 911. Injunction or writ of estrepement upon petition of lienholder. Upon the petition of a person holding any lien upon real estate, whether by judgment, recognizance, mortgage, or otherwise, the Court of Chancery may, in a proper case, award an injunction, or the Superior Cour…
25 Del. C. § 1101. Unauthorized removal of landmarks and marking of boundary trees; penalty.
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§ 1101. Unauthorized removal of landmarks and marking of boundary trees; penalty. No person shall cut, fell, alter or remove any boundary tree or other landmark, nor shall any person, without lawful authority, mark any boundary tree upon any land that is not person’s own, under p…
25 Del. C. § 1102. Perpetuating testimony of boundaries.
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§ 1102. Perpetuating testimony of boundaries. (a) Any person interested in perpetuating testimony respecting boundaries or landmarks may file a petition in the Court of Chancery representing the case, and naming the tenants and the owners of adjoining land, and praying for an ord…
25 Del. C. § 1103. Marking and bounding lands; procedure.
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§ 1103. Marking and bounding lands; procedure. (a) Any person seised of any estate in possession, reversion or remainder, or possessed of any term, not less than 15 years, in any lands, the bounds of which are unknown or are in danger of being lost, may apply to the Superior Cour…
25 Del. C. § 1104. Notice of commission meeting; powers of commission; recording of certificate.
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§ 1104. Notice of commission meeting; powers of commission; recording of certificate. The commissioners shall give at least 20 days notice of their meeting to execute the commission by advertisements at the courthouse door and at 5 public places in the 100 where the land lies; an…
25 Del. C. § 1105. Effect of commission’s return; savings provision.
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§ 1105. Effect of commission’s return; savings provision. If suit is not brought within 7 years from the return to controvert the decision of the commissioners, or in which the accuracy of the bounds or lines fixed by them is questioned, the record of the return shall be conclusi…
25 Del. C. § 1106. Boundaries fixed by agreement of parties.
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§ 1106. Boundaries fixed by agreement of parties. If any lines or boundaries are ascertained and fixed by agreement of parties, they shall not be disturbed by any commission, as between the same parties or those claiming under either of them. If any persons agree to ascertain and…
25 Del. C. § 1107. Right of holders of separate parts of tract or of younger survey to a commission.
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§ 1107. Right of holders of separate parts of tract or of younger survey to a commission. When several persons hold separate parts of the same tract, they, or any of them, may have a commission to mark and bound the whole, as well as the several parts thereof. When any person hol…
25 Del. C. § 1108. Fees of commissioners, surveyors, chain carriers and witnesses.
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§ 1108. Fees of commissioners, surveyors, chain carriers and witnesses. Each commissioner shall be entitled to $1.00 per day for each such commissioner’s services, each surveyor to $2.00 per day, the chain carriers to 80 cents per day, and each witness to 50 cents per day, to be …
25 Del. C. § 1301. Lawful fences; height; barbed wire.
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§ 1301. Lawful fences; height; barbed wire. A good fence of wood, iron, wood and iron rods or wire, stone, or well set thorn, 41/2 feet high or 4 feet high and having a ditch within 2 feet of it, shall be deemed a lawful fence in New Castle and Kent Counties, and in Sussex County…
25 Del. C. § 1302. Liability for trespasses; fence-viewers to assess damages.
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§ 1302. Liability for trespasses; fence-viewers to assess damages. If any horse, cattle, goat, sheep or hog trespasses on any grounds enclosed with lawful fence, the owner of the animal so trespassing shall pay such damages as shall be awarded by the fence-viewers. Any person hav…
25 Del. C. § 1303. Fence-viewers; appointment; powers; quorum; compensation.
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§ 1303. Fence-viewers; appointment; powers; quorum; compensation. (a) The Superior Court shall annually appoint not more than 8 nor less than 5 persons in each hundred to be fence-viewers. The fence-viewers shall be the sole judges of the sufficiency of any fences, of the charges…
25 Del. C. § 1304. Maintenance of partition fences; liability for enclosure of another’s lands.
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§ 1304. Maintenance of partition fences; liability for enclosure of another’s lands. (a) The respective occupants of lands enclosed by fences shall maintain partition fences between them in equal shares, as long as both parties continue to improve the same. (b) Where any person e…
25 Del. C. § 1305. Judgment of fence-viewers; enforcement and penalty for noncompliance.
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§ 1305. Judgment of fence-viewers; enforcement and penalty for noncompliance. If the fence-viewers judge any fence to be insufficient, they shall give notice thereof to the person bound to maintain the fence. If 1 of several persons so bound, upon such notice and request, neglect…
25 Del. C. § 1306. Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws.
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§ 1306. Division ditches and fences; remedy for neglect to maintain; allowance to guardian or lessee; special marsh laws. (a) The adjoining owners or possessors of embanked marshes or meadows shall be obliged to join in cutting division ditches at least 8 feet wide and 21/2 feet …
25 Del. C. § 1307. Recovery of awards by fence-viewers.
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§ 1307. Recovery of awards by fence-viewers. All sums awarded by fence-viewers, or directed by them to be paid, may be recovered as other debts of like amount are recoverable.Code 1852, § 1011; Code 1915, § 3630; Code 1935, § 4179; 25 Del. C. 1953, § 1307;
25 Del. C. § 1401. Liability for damages; court’s authority to determine whether trespass intentional; exemplary and actual damages.
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§ 1401. Liability for damages; court’s authority to determine whether trespass intentional; exemplary and actual damages. (a) Whoever wilfully, negligently or maliciously cuts down or fells or causes to be cut down or felled a tree or trees growing upon the land of another, witho…
25 Del. C. § 1402. Method of ascertaining value of trees removed.
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§ 1402. Method of ascertaining value of trees removed. In the absence of a more accurate means of ascertaining the value of trees removed in a timber trespass, the court may accept that figure which shall be arrived at by accepting the diameters of the stumps of the severed trees…
25 Del. C. § 1403. Failure of defendant to answer.
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§ 1403. Failure of defendant to answer. If the defendant in an action, as provided in this chapter, shall not appear or shall not answer the complaint at the return of the writ or notice served therefor, the court shall determine the trespass wilful and award damages accordingly.…
25 Del. C. § 1404. Abatement of action.
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§ 1404. Abatement of action. An action begun under this chapter shall not abate by the death of either party thereto, but shall be continued by the administrator or executor.25 Del. C. 1953, § 1404; 49 Del. Laws, c. 236.;
25 Del. C. § 1501. Liability of owners or occupiers of land for injury to guests or trespassers.
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§ 1501. Liability of owners or occupiers of land for injury to guests or trespassers. No person who enters onto private residential or farm premises owned or occupied by another person, either as a guest without payment or as a trespasser, shall have a cause of action against the…
25 Del. C. § 1601. Written notice of pendency of action.
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§ 1601. Written notice of pendency of action. (a) In any action instituted in any court of this State having civil jurisdiction or in the United States District Court for the District of Delaware, any party asserting a claim, the object of which is to affect the title to, or enfo…
25 Del. C. § 1602. Recording; indexing; cancellation.
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§ 1602. Recording; indexing; cancellation. Upon payment of the proper fee, the recorder of deeds shall record the notice of pendency. Each notice recorded shall be indexed, direct and indirect, against the name of each party designated in the notice of pendency. Such entry shall …
25 Del. C. § 1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency.
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§ 1603. Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency. (a) The recording of a notice of pendency shall be notice to any person acquiring an interest in the real property identified in the notice from or through an…
25 Del. C. § 1604. Effective term.
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§ 1604. Effective term. A notice of pendency shall be effective for a term of 3 years from the date of recording with the recorder of deeds. Before expiration of a term or an extended term, the court, upon motion of the party recording the notice, for good cause shown, may grant …
25 Del. C. § 1605. Mailing of notice of pendency to parties against whom notice is indexed.
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§ 1605. Mailing of notice of pendency to parties against whom notice is indexed. Within 5 days after filing the written notice of pendency with the recorder of deeds, the party recording the notice of pendency shall serve or mail a copy of such notice by first-class mail to the l…
25 Del. C. § 1606. Mandatory cancellation.
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§ 1606. Mandatory cancellation. The court, upon motion of any party aggrieved, shall direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if: (1) Mailing of the notice has not been completed within the time required by § 1605 of this title;…
25 Del. C. § 1607. Cancellation upon condition of security.
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§ 1607. Cancellation upon condition of security. In an action for the enforcement of an equitable lien, the objective of which is to secure the payment of money, the court, upon motion of any party aggrieved, as a condition of cancellation of the notice of pendency, may direct th…
25 Del. C. § 1608. Discretionary cancellation; hearing on probability of success on the merits.
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§ 1608. Discretionary cancellation; hearing on probability of success on the merits. The court, upon motion, supported by affidavit or affidavits, of any party aggrieved, may direct any recorder of deeds to cancel a notice of pendency and mark the indices accordingly if the court…
25 Del. C. § 1609. Voluntary cancellation by party recording the notice.
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§ 1609. Voluntary cancellation by party recording the notice. At any time, the recorder of deeds shall cancel the notice of pendency and mark the indices accordingly upon written request, under oath, for such cancellation and upon payment of the proper fee by the party who record…
25 Del. C. § 1610. Effect of canceled or expired notice.
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§ 1610. Effect of canceled or expired notice. A canceled or expired notice of pendency shall not be deemed to be actual or constructive notice to any person for any purpose.67 Del. Laws, c. 59, § 1;
25 Del. C. § 1611. Costs and attorneys’ fees.
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§ 1611. Costs and attorneys’ fees. In an order either upholding a notice of pendency or cancelling a notice of pendency, the court may, for good cause shown, and in the interest of justice, direct a party to pay the prevailing party’s damages, if any, together with court costs of…
25 Del. C. § 1612. Fee for recording notice as taxable costs.
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§ 1612. Fee for recording notice as taxable costs. The fee for recording any notices required under this chapter shall be taxable as a part of the costs in the action.67 Del. Laws, c. 59, § 1; 72 Del. Laws, c. 27, § 5;
25 Del. C. § 1613. Recording and marginal notation of judgment or stipulation of dismissal.
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§ 1613. Recording and marginal notation of judgment or stipulation of dismissal. Whenever a stipulation of dismissal is filed, or whenever a final judgment entered is no longer appealable, notice of the pendency of which action has been filed in the office of the recorder of deed…
25 Del. C. § 1614. Express repeal of common law.
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§ 1614. Express repeal of common law. The common-law doctrine of lis pendens is hereby abolished and no action instituted after June 29, 1989, shall constitute constructive notice to any person unless notice of such action complies with the requirements of this chapter.67 Del. La…
25 Del. C. § 2101. Form of mortgage; effect [For application of section, see 80 Del. Laws, c. 280, § 2].
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§ 2101. Form of mortgage; effect [For application of section, see 80 Del. Laws, c. 280, § 2]. (a) The following shall be a sufficient form of mortgage for the purpose of creating a lien on real estate within this State: WHEREAS, A. D. of , hereinafter called party of the first pa…
25 Del. C. § 2102. Minor’s bond, obligation or mortgage.
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§ 2102. Minor’s bond, obligation or mortgage. The signature, seal and acknowledgment of a person under the age of 21 years and of the age of at least 18 years to any bond, other obligation and/or mortgage shall be valid and legally effective for all intents and purposes in law or…
25 Del. C. § 2103. Effect of mortgage executed by trustee for mentally ill spouse.
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§ 2103. Effect of mortgage executed by trustee for mentally ill spouse. Any mortgage executed and acknowledged by a trustee for a mentally ill married man or woman, appointed pursuant to the provisions of § 104 or § 105 of this title, shall be as valid and effectual to bar and di…
25 Del. C. § 2104. Purchase money mortgage of married woman; liability of husband.
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§ 2104. Purchase money mortgage of married woman; liability of husband. Where a married woman becomes a purchaser of real estate, she may secure the purchase money, or part of it, by recognizance, bond, mortgage or otherwise as single women may, and her husband need not be a part…
25 Del. C. § 2105. Purchase money mortgage by married woman.
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§ 2105. Purchase money mortgage by married woman. A married woman may secure the purchase money or part of it for real estate purchased by her, and give a bond, as provided by § 2104 of this title.Code 1852, § 1614; Code 1915, § 3200; Code 1935, § 3661; 25 Del. C. 1953, § 2105; 7…
25 Del. C. § 2106. Priority of mortgage from time of recording.
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§ 2106. Priority of mortgage from time of recording. A mortgage, or a conveyance in the nature of a mortgage, of lands or tenements shall have priority according to the time of recording it in the proper office, without respect to the time of its being sealed and delivered, and s…
25 Del. C. § 2107. Priority of mortgages recorded at same time.
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§ 2107. Priority of mortgages recorded at same time. If 2 or more mortgages, or conveyances in the nature of mortgages, of the same premises are lodged in the same office at the same time, they shall stand in priority in relation to each other, according to their respective dates…
25 Del. C. § 2108. Priority of purchase money mortgages.
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§ 2108. Priority of purchase money mortgages. (a) For purposes of this section, “purchase money mortgage” means 1 or more of the following: (1) A mortgage taken by the seller of the mortgaged property to secure the payment of all or part of the purchase price. (2) A mortgage take…