TITLE 25

Property

General Provisions

CHAPTER 1. DEEDS

Subchapter III. Recording


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.;

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.;

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.;

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.;

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.;

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.;

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.;

No document defined or described in § 5401(4) 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.;