Title 25 Property - Delaware

1 Title 25 PropertyNOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and theeditorial staff of LexisNexis in cooperation with the Division of Research of Legislative Council of the GeneralAssembly, and is considered an official version of the State of Delaware statutory code. This version includesall acts effective as of February 7, 2022, up to and including 83 Del. Laws, c. : With respect to the Delaware Code documents available from this site or server, neither theState of Delaware nor any of its employees, makes any warranty, express or implied, including the warrantiesof merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for theusefulness of any information, apparatus, product, or process disclosed, or represents that its use would notinfringe privately-owned rights.

2 Please seek legal counsel for help on interpretation of individual 25 - PropertyPage 1 Part IGeneral ProvisionsChapter 1 DeedsSubchapter IGeneral Provisions 101. Transfer of Title to real estate by , tenements and hereditaments may be aliened, and possession thereof transferred by deed, without livery of seisin; and the legalestate 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 deed of a married woman executed by her during her coverture, concerning lands or tenements, shall be valid and effectual as ifshe were sole, if she acknowledges that she executed the deed. Such deed shall not bind her to any warranty except a special warrantyagainst herself and her heirs, and all persons claiming by or under her, and no covenant on her part, of a more extensive or different effectin such deed, shall be valid against her, nor shall such conveyances by her divest, abrogate, or in any manner interfere with the husband sestate by the curtesy should such estate attach.

3 (Code 1852, 1469, 1614; 22 Del. Laws, c. 443, 1, 2; Code 1915, 3047, 3200; Code 1935, 3540, 3661; 45 Del. Laws, , 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 all cases of sales of lands and tenements under judgments, or by guardians for persons with mental disabilities, the wife of anydefendant in such judgment, or of such person with a mental disability, may execute, acknowledge and deliver any conveyance, releaseor other instrument to bar her of dower in the land and tenements so sold, without her husband being a party to such conveyance, releaseor other instrument.(Code 1852, 1614; 14 Del.)

4 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 married man, seized of any real estate, whose wife has a mental disability, and who desires to sell and convey or to mortgage anysuch real estate, or any part thereof, may present his petition to the Court of Chancery, stating the facts. The Court may, if it considersit a proper case, make an order appointing a trustee for such married woman with a mental disability to join in any deed or mortgageon her behalf with her husband , and to sign, seal and acknowledge the deed or mortgage as such trustee in the same manner as deedsand mortgages are by law acknowledged.

5 (17 Del. Laws, c. 616, 1; Code 1915, 3202; Code 1935, 3663; 25 Del. C. 1953, 104; 49 Del. Laws, c. 57, 1; 70 , c. 186, 1; 79 Del. Laws, c. 371, 25.) 105. Trustee for husband with a mental disability; barring of married woman, seized of any real estate in her own right, whose husband has a mental disability, and who desires to sell, conveyor to mortgage any such real estate, or any part thereof, may present her petition to the Court of Chancery, stating the facts, and the Courtmay, 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 deedor mortgage in his behalf with his wife , and to sign, seal and acknowledge the same as such trustee in the same manner as deeds andmortgages are by law acknowledged.

6 (22 Del. Laws, c. 444, 1; Code 1915, 3203; Code 1935, 3664; 25 Del. C. 1953, 105; 49 Del. Laws, c. 57, 1; 70 , c. 186, 1; 79 Del. Laws, c. 371, 26.) 106. Effect of deed executed by trustee for spouse with a mental deed executed and acknowledged by a trustee for a married man or woman with a mental disability, appointed pursuant to theprovisions 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 witha mental disability, in case he or she survives, as if he or she had been legally capable and had in fact executed and acknowledged suchdeed. Any such deed, or the record thereof, shall be competent evidence in all the courts of this State.

7 (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.) Title 25 - PropertyPage 2 107. Conveyance of real estate by married woman deserted without just married woman abandoned by her husband without just cause, who is the owner in her own right of real estate in this State, maysell or otherwise dispose of such real estate as effectually as if she were a single woman. A deed executed and certified as provided in 124of 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.

8 (19 Del. Laws, c. 772, 1-3; Code 1915, 3048; 30 Del. Laws, c. 197; Code 1935, 3544; 25 Del. C. 1953, 107; 70 , 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 individualsto satisfy mortgages, or any other written instruments entitled to be recorded, executed by the Home Owners Loan Corporation, acorporation of the United States of America, may be executed and acknowledged before any judge of this State, or a Judge of the DistrictCourt of the United States, or a notary public, or 2 justices of the peace of the same county, by the Regional Manager of the HomeOwners Loan Corporation, or Regional Treasurer thereof.

9 Provided there is recorded in the recorder s office in the county wherein anyinstrument so executed and acknowledged is entitled to be recorded a resolution of the Managing Board of such Corporation, showing theappointment 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 otherrecorded corporate instruments. The resolution may be kept on file by the recorder of deeds, and the same shall be indexed and recordedin the same way and manner as provided by law in the case of commissions of notaries for the State. The resolution, so certified andacknowledged, 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 HomeOwners Loan Corporation, duly executed, certified to and acknowledged in the same manner and form as the appointment.

10 (b) Any deed or conveyance of lands and tenements, or any release of the lien of a mortgage or judgment, or any other written instrumententitled to be recorded, executed by the Regional Manager or Regional Treasurer for the Home Owners Loan Corporation, after a fullcompliance with this section, shall have the same effect as though the instrument had been executed by the President or other presidingofficer 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 a conveyance of lands, tenements or hereditaments is absolute on its face and there is a defeasance, or written contract in the natureof a defeasance, or for a reconveyance of the premises, or any part thereof, the person to whom such conveyance is made shall cause tobe indorsed thereon, and recorded therewith, a note stating that there is such defeasance, or contract, and the general purport of it, or therecording of such conveyance shall be of no effect.