The possession of land, tenements, and hereditaments in Delaware can be transferred by a deed in writing. The legal estate will accompany the use and pass with it ( 101). A form for the conveyance of real estate is presented in 121 of the Delaware Revised Statutes. This form, if duly executed and acknowledged, is sufficient for the conveyance of real estate.
The words "grant and convey" in any deed will, unless specifically limited or restricted, operate as a special warranty against the grantor and the grantor's heirs and all persons claiming under the grantor ( 121). A grant deed contains some covenants of warranty, but is not as extensive as a warranty deed. In this type of deed, the grantor warrants that he or she has not previously conveyed the estate being granted and has not encumbered the property except as may be stated in the deed.
Before a grant deed can be recorded by a county recorder in Delaware, it must be signed and acknowledged by the grantor. Acknowledgments can take place in any county in Delaware, by any party to the deed. Acknowledgements in this state may be made in the Superior Court, before any judge in Delaware, notary public, before two justices of the peace for the same county, or before the mayor of the city of Wilmington. A grant deed can also be proved in the court by one or more of the subscribing witnesses ( 122). The acknowledgement or proof of an instrument should be certified by a certificate attached to the deed or endorsed on it ( 123). If a grant deed is acknowledged out of state, acknowledgements can be taken by any of the officers listed under 129 of the Delaware Revised Statutes. A recorder will not receive a grant deed for recordation unless it is accompanied by an affidavit of residence ( 9605).
The recording statute in Delaware is a pure race statute. A grant deed, once acknowledged or proved and certified as provided, should be recorded in the recorder's office in the county where such lands are located ( 151). The recording of a deed for one county will take effect only in respect to lands or tenements mentioned in the deed situated in such county ( 152).Priority of instruments will be determined by the time of recording ( 153).
Deeds.com Delaware Grant Deed Forms Have Been Updated as Recently as Friday December 8, 2017