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Grant Deed Form - New Castle County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/23/2020
Grant Deed Guide - New Castle County
Line by line guide explaining every blank on the form.
Included document last updated 10/19/2020
Completed Example of the Grant Deed Document - New Castle County
Example of a properly completed form for reference.
Included document last updated 10/1/2020
*The Following Delaware and New Castle County supplemental forms are included as a courtesy with your order.
Realty Transfer Tax Return and Affidavit of Value
The state-wide as well as the county-specific Affidavit of Value are required and due at the time of recordation. Use the New Castle Affidavit of Exemption (pp. 2-3 of Affidavit of Value) when claiming an exemption. Lender may need to sign. The Wilmington Affidavit is required when claiming an exemption from local tax in that city.
Real Estate Tax Return Declaration of Estimated Income Tax
This form is for a non-resident, pass-through entity or corporation, who transfers real property in Delaware. The form is complete and comes with instructions.
Transfer Tax
This information sheet indicates which forms are required by each of the 14 individual communities within New Castle County and how to handle payments.
Transfer Tax Exemptions
If documentary tax stamp is due, it must be paid at the time of recording. This excerpt from the statutes lists all of the transfer tax exemptions under 5401 (1).
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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 (25 Del. C. 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.
A lawful grant deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Delaware residential property, the primary methods for holding title are tenancy in common and joint tenancy. An estate conveyed to two or more people is presumed a tenancy in common, unless a joint tenancy is specified (25 Del. C. 701).
As with any conveyance of realty, a grant deed requires a complete legal description of the parcel. Recite the source of title to maintain a clear chain of title, and detail any restrictions associated with the property. Each grantor must sign the deed in the presence of a notary public for a valid transfer. All signatures must be original. Finally, the form must meet all state and local standards for recorded documents. Note that each of Delaware's three counties requires a different format, so make sure to check before recording.
In Delaware, all conveyances of real property require a completed Realty Transfer Tax Return and Affidavit of Gain and Value (9 Del. C. 9605(d)). This form must be completed by both the grantor and the grantee, and it must be submitted with the deed for recording.
Property in Kent County requires a New Property Owner Information Form. This form must be completed by the grantee. Kent County also requires the payment of all state and municipal realty transfer taxes upon the transfer, except for the City of Dover realty transfer tax (See 9 Del. C. 9605(i)).
In Sussex County, include an Affidavit of Realty Transfer Tax. It must be signed by the grantor and submitted with 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).
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Delaware lawyer with any questions about grant deeds or other issues related to the transfer of real property.
Get your New Castle County Grant Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the New Castle County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1986 Reviews) October 25th, 2020
Name: Mary K.
Review: Fantastic way to record any deed! Done in less than a few hours, right to your inbox. Very small fee compared to driving to office or waiting for the mail.
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October 25th, 2020
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Review: Awesome service and so easy to use. I was amazed at how fast the process worked.
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October 24th, 2020
Name: Nicholas B.
Review: A lot of information to read over but downloading process was great and ill definitely use the service again. Showed me my country and city that my forms would be valid in and the information is step by step with examples and that is great
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October 24th, 2020
Name: Dennis S.
Review: I am still working on the forms. I am having problems doing the forms as you can only save as pdf and it is difficult to change or modify the pdf. You have to purchase a pdf convertor program. but all seems to be there to do the deed submittals.
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October 24th, 2020
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October 23rd, 2020
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October 23rd, 2020
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October 22nd, 2020
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October 22nd, 2020
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Review: great site for downloading forms
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