HOUSE SUBSTITUTE NO. 1
HOUSE BILL NO. 210
AN ACT TO AMEND CHAPTER 1, TITLE 25, DELAWARE CODE RELATING TO THE ENFORCEABILITY OF CERTAIN LEASES AND DOCUMENTS PERTAINING TO LANDS AND TENEMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §158, Title 25, Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:
"§158. Enforceability of certain leases and documents pertaining to lands and tenements
No document defined or described in Section 5401(4) of Title 30 and not exempt from transfer tax on the basis of Section 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 fifteen 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."
Approved July 19, 1995