Title 25, Property

§ 105. Trustee for husband with a mental disability; barring of curtesy. Any married woman, seized of any real estate in her own right, whose husband has a mental disability, and who desires to sell, convey or to mortgage any such real estate, or any part thereof, may present her…

§ 106. Effect of deed executed by trustee for spouse with a mental disability. Any deed executed and acknowledged by a trustee for a married man or woman with a mental disability, appointed pursuant to the provisions of § 104 or § 105 of this title, shall be as valid and effectua…

§ 107. Conveyance of real estate by married woman deserted without just cause. Every married woman abandoned by her husband without just cause, who is the owner in her own right of real estate in this State, may sell or otherwise dispose of such real estate as effectually as if s…

§ 108. Deeds and other instruments executed by the Home Owners’ Loan Corporation. (a) Deeds concerning lands or tenements, releases from the lien of any judgment, or mortgages, powers of attorney to individuals to satisfy mortgages, or any other written instruments entitled to be…

§ 109. Defeasance or contract for reconveyance; recording; acknowledgment or proof. If a conveyance of lands, tenements or hereditaments is absolute on its face and there is a defeasance, or written contract in the nature of a defeasance, or for a reconveyance of the premises, or…

§ 110. Certificates of notaries public; validity. No official certificate of any notary public shall be invalid or defective because the impression of the official stamp or seal of such officer upon the certificate does not strictly comport with the requirements of § 4330 of Titl…

§ 121. Form of deed; legal effect; other forms as valid. (a) The following shall be a sufficient form of deed for the conveyance of real estate: This Deed made this ________________________________________________________________ day of ___________________________________________…

§ 122. Acknowledgment and proof of deeds. A deed concerning lands, tenements or hereditaments may be acknowledged in any county, by any party to the deed, in the Superior Court, or before any judge of this State, or notary public, or before 2 justices of the peace for the same co…

§ 123. Certification of acknowledgment or proof. Acknowledgment or proof shall be certified under the hand and seal of office of the clerk, or prothonotary, of the court in which, or under the hand of the judge, notary public or justices of the peace before whom, the acknowledgme…

§ 124. Acknowledgment and execution of deed by married woman deserted without just cause. Conveyances made in pursuance of § 107 of this title by a married woman abandoned without just cause shall be acknowledged before any judge of the Court of Chancery or Superior Court of this…

§ 125. Place for taking acknowledgment or proof. It shall not be necessary that the acknowledgment or proof of a deed be taken in the county wherein the premises are situate.Code 1852, § 1617; Code 1915, § 3206; Code 1935, § 3667; 45 Del. Laws, c. 230, § 2; 25 Del. C. 1953, § 125…

§ 126. Certification of acknowledgments by justices of the peace; form. (a) Two justices of the peace, when taking or certifying an acknowledgment, shall be together; and a certificate of acknowledgment taken before them, may be according to the following form, viz: State of Dela…

§ 127. Acknowledgment of corporate deeds or other instruments. A deed concerning lands or tenements or any other written instrument entitled to be recorded, executed by a corporation, may be executed and acknowledged before any judge of this State, or a judge of the District Cour…

§ 128. Certification of acknowledgments by Mayor of Wilmington; fee. The Mayor of Wilmington may take and certify under the Mayor’s own hand and seal of office the acknowledgment of deeds and letters of attorney in like manner as a judge or notary public may. For such service the…

§ 129. Acknowledgment or proof outside State. (a) A deed concerning lands, tenements or hereditaments within this State may be acknowledged or proved, or may be taken out of the State before any consul general, consul, vice-consul, consular agent, or commercial agent of the Unite…

§ 130. Notarial acts by members of the armed forces. (a) In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmati…

§ 131. Validation of certain instruments as deeds. An instrument which by its terms purports to alienate or convey lands, tenements or hereditaments situated in this State and which was signed by the persons or corporations who at the time were the owners of the lands, tenements …

§ 132. Validity of legal instruments having defective acknowledgments; admissibility in evidence. The record of all legal instruments which by law are directed to be recorded or are entitled to be recorded, and which have been duly executed by the proper party or parties, notwith…

§ 133. Address of grantee on deed. Anyone leaving for record any deed conveying lands and tenements shall place upon or attach to the deed the address of the grantee.Code 1852, §§ 1626, 1627; 16 Del. Laws, c. 520, § 1; 17 Del. Laws, c. 213, § 3; Code 1915, § 3215; Code 1935, § 36…

§ 134. Authentication and recognition of acknowledgments. The authentication and recognition of the acknowledgment of a foreign notary public or other officer on an instrument necessary under this chapter shall be in accordance with subchapter II of Chapter 43 of Title 29.63 Del.…

§ 135. Tax ditch, tax lagoon, right-of-way, or assessment. Any deed transferring a parcel of real property listed in an order recorded pursuant to § 4195 or § 4389 of Title 7 shall specifically state in the deed that such parcel of real property may be subject to a tax ditch righ…

§ 151. Recording of deeds and letters of attorney. A deed or letter of attorney concerning lands or tenements, acknowledged or proved and the acknowledgment or proof certified as provided in this chapter, shall, with the certificate of the acknowledgment or proof and all indorsem…

§ 152. Recording as affecting lands in county of recording. The recording of a deed or instrument in the recorder’s office for 1 county shall have effect only in respect to lands or tenements mentioned in the deed or instrument situate in such county.Code 1852, § 1628; Code 1915,…

§ 153. Priority of deed concerning lands or tenements. A deed concerning lands or tenements shall have priority from the time that it is recorded in the proper office without respect to the time that it was signed, sealed and delivered.Code 1852, § 1630; 16 Del. Laws, c. 520, § 2…

§ 154. Deeds and letters of attorney; recording at any time. All deeds and letters of attorney concerning lands or tenements, at any time sealed and delivered, being duly acknowledged or proved, and the acknowledgment or proof being duly certified, may, with the certificate of th…

§ 155. Acknowledgment or proof as evidence of recording; private examination of married woman. The private examination of a married woman, duly taken and certified, shall remain valid, although the deed upon which it is taken and certified is not recorded; but no other acknowledg…

§ 156. Recording on date of sealing and delivery. Any and all deeds and letters of attorney which have been recorded on the day of the sealing and delivery thereof shall be deemed to have been properly recorded.17 Del. Laws, c. 213, § 4; Code 1915, § 3220; Code 1935, § 3682; 25 D…

§ 157. Potter charity leases. The record or duly certified copies, heretofore made by authority of law, or which are hereafter made by order of the Court of Chancery, of any and every lease of any portion of the lands, tenements or hereditaments situated in Kent or Sussex Countie…

§ 158. Enforceability of certain leases and documents pertaining to lands and tenements [For application of this section, see 81 Del. Laws, c. 384, § 3]. No document defined or described in § 5401(5) of Title 30 and not exempt from transfer tax on the basis of § 5401(1) of Title …

§ 171. Acknowledgment or proof. A letter of attorney to sell or dispose of lands, tenements or hereditaments, or to acknowledge a deed concerning lands, tenements or hereditaments, may be acknowledged or proved, and the acknowledgment or proof certified, as prescribed in this cha…

§ 172. Acknowledgment of deed after recording letter of attorney. When a letter of attorney to sell and dispose of lands is acknowledged or proved and the acknowledgment or proof is certified and it is recorded as required by law, a deed may be acknowledged by the attorney in suc…

§ 173. Power of married woman to make letter. A married woman may make a letter of attorney the same as though she were a femme sole.Code 1852, §§ 1625, 1469; 15 Del. Laws, c. 467; Code 1915, §§ 3047, 3212; Code 1935, §§ 3540, 3673; 25 Del. C. 1953, § 173; 70 Del. Laws, c. 186, §…

§ 174. Persons serving with armed forces. (a) No agency created by a power of attorney in writing given by a principal who is at the time of execution, or who, after executing such power of attorney, becomes either: (1) A member of the armed forces of the United States; or (2) A …

§ 180. Short title. This subchapter may be cited as the “Uniform Real Property Electronic Recording Act.”75 Del. Laws, c. 23, § 1;

§ 181. Definitions in this subchapter. (a) “Document” means information that is: (1) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (2) Eligible to be recorded in the land records maintained by the rec…

§ 182. Validity of electronic documents. (a) If a law requires, as a condition for recording, that a document be an original, be on paper or other tangible medium, or be in writing, an electronic document satisfying this subchapter satisfies the law. (b) If a law requires, as a c…

§ 183. Recording of documents. (a) A recorder who implements any of the functions described in this section shall do so in compliance with standards established by the electronic recording commission. (b) A recorder may receive, index, store, archive, and transmit electronic docu…

§ 184. Uniform standards. (a) An electronic recording commission is created to adopt standards to implement this subchapter. The commission must consist of the recorder for each county of the State and 2 members at large appointed by the Secretary of State. (b) The electric recor…

§ 201. Short title. This chapter may be cited as the “Uniform Real Property Transfer on Death Act.”85 Del. Laws, c. 212, § 1;

§ 202. Definitions. For purposes of this chapter: (1) “Beneficiary” means an individual that receives property under a transfer on death deed. “Grantee” has a corresponding meaning. (2) “Designated beneficiary” means an individual designated to receive property in a transfer on d…

§ 203. Applicability. This chapter applies to a transfer on death deed made before, on, or after December 4, 2025, by a transferor dying on or after December 4, 2025.85 Del. Laws, c. 212, § 1;

§ 204. Nonexclusivity. This chapter does not affect any method of transferring property otherwise permitted under the law of this State. 85 Del. Laws, c. 212, § 1;

§ 205. Transfer on death deed authorized. An individual may transfer property to 1 or more beneficiaries effective at the transferor’s death by a transfer on death deed.85 Del. Laws, c. 212, § 1;

§ 206. Transfer on death deed revocable. A transfer on death deed is revocable even if the transfer on death deed or another instrument contains a contrary provision.85 Del. Laws, c. 212, § 1;

§ 207. Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary.85 Del. Laws, c. 212, § 1;

§ 208. Capacity of transferor. The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.85 Del. Laws, c. 212, § 1;