Chapter 1

§ 101 Transfer of title to real estate by deed. Lands, tenements and hereditaments may be aliened, and possession thereof transferred by deed, without livery of seisin; and the legal estate shall accompany the use and pass with it. Code 1852, §  1611; Code 1915, §  3197; Code 1935, §  3658; 25 Del. C. 1953, §  101; § 102 Effect of deeds by married women. The deed of a married woman executed by her during her coverture, concerning lands or tenements, shall be valid and effectual as if she were sole, if she acknowledges that she executed the deed. Such deed shall not bind her to any warranty except a special warranty against herself and her heirs, and all persons claiming by or under her, and no covenant on her part, of a more extensive or different effect in such deed, shall be valid against her, nor shall such conveyances by her divest, abrogate, or in any manner interfere with the husband’s estate by the curtesy should such estate attach. Code 1852, §§  1469, 1614; 22 Del. Laws, c. 443, §§  1, 2 ; Code 1915, §§  3047, 3200; Code 1935, §§  3540, 3661; 45 Del. Laws, c. 230, §  1 ; 25 Del. C. 1953, §  102; 70 Del. Laws, c. 186, §  1 ; § 103 Circumstances under which wife may bar her dower without husband being a party. In all cases of sales of lands and tenements under judgments, or by guardians for persons with mental disabilities, the wife of any defendant in such judgment, or of such person with a mental disability, may execute, acknowledge and deliver any conveyance, release or other instrument to bar her of dower in the land and tenements so sold, without her husband being a party to such conveyance, release or other instrument. Code 1852, §  1614; 14 Del. Laws, c. 78 ; Code 1915, §  3201; Code 1935, §  3662; 25 Del. C. 1953, §  103; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 34, §  4 ; § 104 Trustee for wife with a mental disability; barring of dower. Any married man, seized of any real estate, whose wife has a mental disability, and who desires to sell and convey or to mortgage any such real estate, or any part thereof, may present his petition to the Court of Chancery, stating the facts. The Court may, if it considers it a proper case, make an order appointing a trustee for such married woman with a mental disability to join in any deed or mortgage on her behalf with her husband, and to sign, seal and acknowledge the deed or mortgage as such trustee in the same manner as deeds and mortgages are by law acknowledged. 17 Del. Laws, c. 616, §  1 ; Code 1915, §  3202; Code 1935, §  3663; 25 Del. C. 1953, §  104; 49 Del. Laws, c. 57, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 371, §  25 ; § 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 petition to the Court of Chancery, stating the facts, and the Court may, if it considers it a proper case, make an order appointing a trustee for such married man with a mental disability to join in any deed or mortgage in his behalf with his wife, and to sign, seal and acknowledge the same as such trustee in the same manner as deeds and mortgages are by law acknowledged. 22 Del. Laws, c. 444, §  1 ; Code 1915, §  3203; Code 1935, §  3664; 25 Del. C. 1953, §  105; 49 Del. Laws, c. 57, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 371, §  26 ; § 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 effectual to bar and divest the right of dower or curtesy of the spouse with a mental disability, in case the spouse with a mental disability survives, as if such spouse with a mental disability had been legally capable and had in fact executed and acknowledged such deed. Any such deed, or the record thereof, shall be competent evidence in all the courts of this State. 17 Del. Laws, c. 616, §  2 ; 22 Del. Laws, c. 444, §  2 ; Code 1915, §§  3202, 3203; Code 1935, §§  3663, 3664; 25 Del. C. 1953, §  106; 49 Del. Laws, c. 57, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 371, §  27 ; 84 Del. Laws, c. 42, § 1 ; § 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 she were a single woman. A deed executed and certified as provided in § 124 of this title and recorded in the county in which the lands lie shall be as effectual as if the grantor executing the deed were a single woman. 19 Del. Laws, c. 772, §§  1-3 ; Code 1915, §  3048; 30 Del. Laws, c. 197 ; Code 1935, §  3544; 25 Del. C. 1953, §  107; 70 Del. Laws, c. 186, §  1 ; § 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 recorded, executed by the Home Owners’ Loan Corporation, a corporation of the United States of America, may be executed and acknowledged before any judge of this State, or a Judge of the District Court of the United States, or a notary public, or 2 justices of the peace of the same county, by the Regional Manager of the Home Owners’ Loan Corporation, or Regional Treasurer thereof, provided there is recorded in the recorder’s office in the county wherein any instrument so executed and acknowledged is entitled to be recorded a resolution of the Managing Board of such Corporation, showing the appointment by name of the Regional Manager and Regional Treasurer, duly certified to under the hand of the Chairman of the Board, attested by the Secretary, with the seal of the Corporation thereto attached, and acknowledged in the same manner and form as other recorded corporate instruments. The resolution may be kept on file by the recorder of deeds, and the same shall be indexed and recorded in the same way and manner as provided by law in the case of commissions of notaries for the State. The resolution, so certified and acknowledged, concerning the named appointments of Regional Manager and Regional Treasurer, shall be binding on the Home Owners’ Loan Corporation until revoked or cancelled by the recording, in the recorder’s office, of a resolution of the Managing Board of the Home Owners’ Loan Corporation, duly executed, certified to and acknowledged in the same manner and form as the appointment. (b) Any deed or conveyance of lands and tenements, or any release of the lien of a mortgage or judgment, or any other written instrument entitled to be recorded, executed by the Regional Manager or Regional Treasurer for the Home Owners’ Loan Corporation, after a full compliance with this section, shall have the same effect as though the instrument had been executed by the President or other presiding officer or a Vice-President duly authorized by proper resolution. 40 Del. Laws, c. 215 ; 40 Del. Laws, c. 217 ; Code 1935, §  3675; 41 Del. Laws, c. 189, §  1 ; 25 Del. C. 1953, §  108; § 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 any part thereof, the person to whom such conveyance is made shall cause to be indorsed thereon, and recorded therewith, a note stating that there is such defeasance, or contract, and the general purport of it, or the recording of such conveyance shall be of no effect. Such defeasance, or contract, shall be duly acknowledged, or proved, and recorded in the recorder’s office for the county wherein such lands, tenements or hereditaments are situate within 60 days after the day of making the same, or it shall not avail against a fair creditor, mortgagee or purchaser for a valuable consideration of or from the person to whom such conveyance is made, unless it appears that such creditor, when giving the credit, or such mortgagee or purchaser when advancing the consideration, had notice of such defeasance, or contract. Such contract, although not under seal, may be acknowledged or proved in the same manner as a deed. Code 1852, §  1631; Code 1915, §  3221; Code 1935, §  3683; 25 Del. C. 1953, §  109; § 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 Title 29. All such certificates shall be valid in all respects; and in all cases where such certificates are annexed to papers proper to be recorded, the several recorders shall admit such papers to record. The record of the same, or a duly certified copy thereof, shall be competent evidence, and every such paper shall be as good and effectual in law as though the stamp or seal used by the officer certifying the acknowledgment of the same had been made or engraved in exact conformity with the provisions of the law. 16 Del. Laws, c. 129, §  1 ; Code 1915, §  3213; Code 1935, §  3674; 25 Del. C. 1953, §  110; 83 Del. Laws, c. 425, § 6 ; 84 Del. Laws, c. 233, § 52 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 ________________________________________________________________, A.D. ________________________________________________________________ Between A. B., of ________________________________________________________________, party of the first part and C. D. of ________________________________________________________________, party of the second part. Witnesseth, that the said party of the first part for and in consideration of the sum of ________________________________________________________________, the receipt whereof is hereby acknowledged, hereby grants and conveys unto the said party of the second part. ALL ________________ ________________ (Description of premises). ________________ ________________ (Recital of title). In witness whereof, the said party of the first part hath hereunto set the party of the first part’s hand and seal. Sealed and Delivered in ________________________________ (Seal) The Presence of: ______________________________________________________ ______________________________________________________ (b) A deed in the form prescribed in subsection (a) of this section, duly executed and acknowledged, unless otherwise restricted or limited, or unless contrary intention appears therein, shall be construed to pass and convey to the grantee therein and to the grantee’s heirs and assigns the fee simple title or other whole estate or interest which the grantor could lawfully convey in and to the property therein described together with the tenements, hereditaments, franchises and appurtenances thereunto belonging, and the reversions and remainders, rents, issues and profits thereof. The words “grant and convey” in any deed shall, unless specifically restricted or limited operate as a special warranty against the grantor and the grantor’s heirs and all persons claiming under the grantor or them. Nothing contained in this section shall invalidate a deed not made in the form prescribed in subsection (a) of this section, but a deed made in the form heretofore in common use within this State shall be valid and effectual. Code 1852, §  1612; Code 1915, §  3198; 33 Del. Laws, c. 207 ; Code 1935, §  3659; 25 Del. C. 1953, §  121; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 42, § 86 ; § 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 county, or before the Mayor of the City of Wilmington. Such deed may also be acknowledged in the Superior Court by attorney, by virtue of a power contained in it or separate from it, the power being first proved in the Court. Also, such deed may be proved in the Court by 1 or more of the subscribing witnesses. Code 1852, §  1613; 17 Del. Laws, c. 207, §§  8, 28 ; Code 1915, §  3199; Code 1935, §  3660; 25 Del. C. 1953, §  122; 71 Del. Laws, c. 176, §  32 ; § 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 acknowledgment or proof is taken, in a certificate indorsed upon or annexed to the deed. Code 1852, §  1618; Code 1915, §  3207; Code 1935, §  3668; 45 Del. Laws, c. 230, §  3 ; 25 Del. C. 1953, §  123; § 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 State; and in addition to the certificate that it is the act and deed of the party signing the instrument, the judge shall further certify that it had satisfactorily appeared to the judge that the party executing the instrument had been abandoned by her husband without just cause. 19 Del. Laws, c. 772, §§  1-3 ; Code 1915, §  3048; 30 Del. Laws, c. 197 ; Code 1935, §  3544; 25 Del. C. 1953, §  124; 70 Del. Laws, c. 186, §  1 ; § 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 Delaware ________________________________ County ss. Be it remembered, that on the ________________________________ day of ________________, in the year of our Lord, two thousand and ________________________________, personally came before me, the subscribers, two of the Justices of the Peace for ________________________________ County aforesaid, ________________________________ and ________________________________, his wife, parties to this indenture known to us personally (or proved on the oath of ________________________________), to be such, and severally acknowledged said indenture to be their act and deed respectively. Witness our hands the day and year aforesaid. (b) If the instrument acknowledged is not an indenture, the word “instrument” may be substituted for the word “indenture” in the form; if it is not under seal, the words “and deed” in the form shall be omitted. The certificate of acknowledgment may, in all cases, be according to the foregoing form. It may be varied in any case requiring a variance, the above form being given for general direction. Code 1852, §§  1619, 1620; Code 1915, §  3208; Code 1935, §  3669; 45 Del. Laws, c. 230, §  4 ; 25 Del. C. 1953, §  126; 70 Del. Laws, c. 186, §  1 ; § 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 Court or Court of Appeals of the United States, or a notary public, or 2 justices of the peace of the same county, by the president or other presiding officer or a vice-president or an assistant vice-president, duly authorized by resolution of the directors, trustees or other managers, or by the legally constituted attorney, of such corporation. Code 1852, §  1616; 16 Del. Laws, c. 521 ; 27 Del. Laws, c. 265 ; Code 1915, §  3205; Code 1935, §  3666; 48 Del. Laws, c. 130, §  1 ; 25 Del. C. 1953, §  127; § 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 Mayor of Wilmington shall receive a fee of 75 cents, and no more, whether there are 1 or more parties to the deed. 17 Del. Laws, c. 207, §  8 ; Code 1915, §  2140; Code 1935, §  2433; 25 Del. C. 1953, §  128; 70 Del. Laws, c. 186, §  1 ; § 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 United States, duly appointed in any foreign country, at the places of their respective official residence, the judge of any United States District Court or United States Court of Appeals, or any judge of a court of record of any state, territory or country, or the mayor or chief officer of any city or borough, and certified under the hands of such judge, mayor or officer, and the seal of that official’s office, court, city or borough, by certificate indorsed upon or annexed to the deed; or such acknowledgment or proof may be taken in such court and certified under the hand of the clerk, or other officer of the court, and the seal of the court in like manner. If certified by a judge, the seal of that judge’s court may be affixed to that judge’s certificate or to a certificate of attestation of the clerk, or keeper of the seal. (b) Acknowledgment and proof of a deed may also be taken out of this State by any commissioner of deeds, appointed by the governor in any of the states or territories of the United States, or in the District of Columbia, or in the possessions of the United States, or in foreign countries, the deed to be certified, in like manner, under the hand and seal of the commissioner. (c) Any deed concerning lands, tenements or hereditaments within this State, any other instrument of writing whatsoever, or any affidavit or other statement requiring acknowledgment or proof may be so acknowledged and proved out of this State before a notary public of any state or territory or of the District of Columbia. The provisions of this paragraph shall extend to affidavits of demand and defense as provided for in § 3901 of Title 10. Code 1852, §§  1621, 1622; 13 Del. Laws, c. 28 ; 17 Del. Laws, c. 212 ; 18 Del. Laws, c. 211 ; 18 Del. Laws, c. 212 ; 22 Del. Laws, c. 82 ; Code 1915, §  3209; Code 1935, §  3670; 45 Del. Laws, c. 230, §  5 ; 25 Del. C. 1953, §  129; 70 Del. Laws, c. 186, §  1 ; § 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 affirmations administered, depositions and affidavits executed, and other notarial acts performed before or by any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army, marine corps, or air force, or with the rank of ensign or higher in the navy or coast guard, or with equivalent rank in any other component part of the armed forces of the United States by any person who either is: (1) A member of the armed forces of the United States; or (2) Serving as a merchant seaman outside the limits of the United States included within the 48 states and the District of Columbia; or (3) Outside the limits by permission, assignment or direction of any department or official of the United States government, in connection with any activity pertaining to the prosecution of any war in which the United States is then engaged. (b) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts made or taken are declared legal, valid and binding. Instruments and documents so acknowledged, authenticated or sworn to shall be admissible in evidence and eligible to record in this State under the same circumstances, and with the same force and effect, as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit or other notarial act had been made or taken within this State before or by a duly qualified officer or official as otherwise provided by law. (c) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate indorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as the person’s act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment. (d) If the signature, rank and branch of service or subdivision thereof of any such commissioned officer appears upon such instrument or document or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section. Code 1915, §  3209; Code 1935, §  3670; 44 Del. Laws, c. 165 ; 45 Del. Laws, c. 227, §§  1, 2 ; 25 Del. C. 1953, §  130; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 42, § 87 ; § 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 or hereditaments mentioned therein and which was also acknowledged by owners before an officer authorized by the laws of Delaware to take acknowledgments, as the act and deed of such persons, shall be deemed to alienate or convey the title, estate and interest, both at law and in equity, of the owners signing and acknowledging such instrument, according to the true intent and meaning of such instrument, notwithstanding that the instrument is not under the seals of the owners and notwithstanding that the instrument does not contain the words commonly known as the “use clause” and/or the word “grant” and/or the words “bargain and sell.” No right of dower or curtesy shall be barred or released except when the person who would have such right of dower or of curtesy has signed and acknowledged the instrument. Nothing in this section shall preclude any action or right of action, either at law or in equity, which any party in interest would have had if the instrument had been under the seals of the persons executing the same and had been in the customary form of a deed in this State and this section had not been passed. 35 Del. Laws, c. 194 ; Code 1935, §  3676; 46 Del. Laws, c. 203, §  1 ; 25 Del. C. 1953, §  131; 49 Del. Laws, c. 181, §§  1, 2 ; 50 Del. Laws, c. 157, §  1 ; 59 Del. Laws, c. 451, §  1 ; 68 Del. Laws, c. 319, §  1 ; § 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, notwithstanding the instruments have not been acknowledged before an officer authorized by the laws of Delaware to take acknowledgments, or which have not been otherwise properly acknowledged, or the acknowledgments of which have not been taken and certified in conformity with the laws of this State in force at the time each such instrument was executed, are severally made as valid and effective in law as if each instrument had been correctly acknowledged and the acknowledgment correctly certified. The record of each such instrument or any office copy thereof or the original instrument itself shall be admitted as evidence in all courts of this State and shall be as valid and conclusive evidence as if such instrument had been in all respects acknowledged and the acknowledgment certified in accordance with the then existing law. 47 Del. Laws, c. 396, §  1 ; 25 Del. C. 1953, §  132; § 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, §  3677; 46 Del. Laws, c. 267, §  1 ; 25 Del. C. 1953, §  133; § 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. Laws, c. 61, §  2 ; § 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 right-of-way and/or assessment, or a tax lagoon right-of-way and/or assessment pursuant to Superior Court order, and shall state the date of the court order and the order’s recording information in the recorder of deeds’ office of the county. 75 Del. Laws, c. 321, §  3 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 indorsements and annexations, be recorded in the recorder’s office for the county wherein such lands or tenements or any part thereof are situated, when lodged in such office at any time after the sealing and delivery of such deed or letter of attorney; and the record or an office copy thereof shall be sufficient evidence. Code 1852, §§  1626, 1627; 16 Del. Laws, c. 520, §  1 ; 17 Del. Laws, c. 213, §  3 ; Code 1915, §  3215; Code 1935, §  3677; 25 Del. C. 1953, §  151; § 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, §  3216; Code 1935, §  3678; 25 Del. C. 1953, §  152; § 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 ; 17 Del. Laws, c. 213, §  2 ; Code 1915, §  3218; Code 1935, §  3680; 41 Del. Laws, c. 190, §  1 ; 25 Del. C. 1953, §  153; 56 Del. Laws, c. 318. ; § 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 the acknowledgment or proof and all indorsements and annexations, be at any time recorded in the recorder’s office for the county wherein such lands or tenements or any part thereof are situate. 16 Del. Laws, c. 520, §  3 ; 17 Del. Laws, c. 213, §  2 ; Code 1915, §  3219; Code 1935, §  3681; 25 Del. C. 1953, §  154; § 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 acknowledgment or proof, duly certified, of a deed or letter of attorney shall make such deed or letter of attorney evidence without its being duly recorded. Code 1852, §  1629; Code 1915, §  3217; Code 1935, §  3679; 25 Del. C. 1953, §  155; 70 Del. Laws, c. 186, §  1 ; § 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 Del. C. 1953, §  156; § 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 Counties, which were devised by Benjamin Potter, deceased, to certain charitable uses, shall be competent evidence in the courts of this State. The fee for recording any such lease or certifying the record thereof by any register in chancery shall be the same as fixed by law, to be paid to the recorder of deeds for like services. 15 Del. Laws, c. 167 ; Code 1915, §  3225; Code 1935, §  3687; 25 Del. C. 1953, §  157; § 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 30 or otherwise, shall be enforceable in any court of this State unless such document, or a memorandum thereof identifying the parties thereto, the premises, and the duration of the interest created thereby, including any renewals and purchase options, shall have been recorded in the office of the recorder of deeds in the county in which the premises or any part thereof are located within 15 days of the commencement of the term provided by such document; provided, however, that upon recordation and payment of any and all taxes, penalties and other charges relating thereto, any document rendered unenforceable by this statute or any predecessor statute shall be renewed and revived with the same force and effect as if it had never been unenforceable. 25 Del. C. 1953, §  154; 59 Del. Laws, c. 153, §  6 ; 70 Del. Laws, c. 252, §  1 ; 81 Del. Laws, c. 384, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 chapter in respect to the acknowledgment or proof of a deed. If a party making a letter of attorney is out of the State, the provisions of § 129 of this title, concerning the acknowledgment or proof of a deed when the party making it is out of the State, shall apply. Code 1852, §  1623; Code 1915, §  3210; Code 1935, §  3671; 25 Del. C. 1953, §  171; § 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 such letter, in any county, before any judge of this State, or notary public, or 2 justices of the peace for the same county, if the letter of attorney authorizes such acknowledgment. An authority to sell or dispose of premises, if not restrained, shall extend to authorize the acknowledgment of a deed therefor. Code 1852, §  1624; Code 1915, §  3211; Code 1935, §  3672; 25 Del. C. 1953, §  172; § 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, §  1 ; § 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 person serving as a merchant seaman outside the limits of the United States, included within the 50 states and the District of Columbia; or (3) A person outside the limits by permission, assignment or direction of any department or official of the United States government in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, shall be revoked or terminated by the death of the principal, as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, has acted or acts, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees or personal representative of the principal. (b) An affidavit executed by the attorney-in-fact or agent setting forth that the affiant has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death or otherwise, or notice of any facts indicating the same, shall, in the absence of fraud, be conclusive proof of the nonrevocation or nontermination of the power at such time. If the exercise of the power requires execution and delivery of any instrument which is recordable under the laws of this State, such affidavit (when authenticated for record in the manner prescribed by law) shall likewise be recordable. (c) No report or listing, either official or otherwise, of “missing” or “missing in action,” as such words are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency. (d) This section shall not be construed so as to alter or affect any provision for revocation or termination contained in such power of attorney. Code 1935, §  3673A; 45 Del. Laws, c. 228, §  1 ; 25 Del. C. 1953, §  174; 84 Del. Laws, c. 42, § 88 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 recorder. (b) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (c) “Electronic document” means a document that is received by the recorder in an electronic form. (d) “Electronic recording commission” means the commission established by § 184 of this title. (e) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. (f) “Paper document” means a document that is received by the recorder in a form that is not electronic. (g) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (h) “Recorder” means the recorder of deeds for the county in which a document is received. (i) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. 75 Del. Laws, c. 23, §  1 ; § 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 condition for recording, that a document be signed, an electronic signature satisfies the law. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature. 75 Del. Laws, c. 23, §  1 ; § 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 documents. (c) A recorder may provide for access to, and for search and retrieval of, documents and information by electronic means. (d) A recorder who accepts electronic documents for recording shall continue to accept paper documents and shall place entries for both types of documents in the same index. (e) A recorder may convert paper documents accepted for recording into electronic form. The recorder may convert into electronic form information recorded before the recorder began to record electronic documents. (f) Any fee or tax that a recorder is authorized to collect may be collected electronically. (g) A recorder and other officials of a state or a political subdivision thereof, or of the United States, may agree on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes. 75 Del. Laws, c. 23, §  1 ; § 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 recording commission shall promote harmony and uniformity of standards and practices in the use of electronic recording so far as is consistent with the purposes, policies, and provisions of this subchapter. When adopting, amending, and repealing standards, the commission shall consider standards and practices of other jurisdictions; the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; the views of interested persons and other governmental entities; the needs of counties of varying size, population, and resources; and the need for security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. 75 Del. Laws, c. 23, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }