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Delaware Special Warranty Deed

The statutory form for a real estate deed in Delaware is provided in 25 <i>Del. C.</i> 121. The text includes the words "grant and convey" in the granting clause, which operate as a special warranty against the grantor, the grantor's heirs, and all persons claiming under the grantor or his heirs ( 121b). The grantor guarantees that, during her time of ownership, she did nothing to encumber the property, and any established restrictions are clearly stated in the deed. This statutory deed is commonly used in residential and commercial real estate transactions in Delaware.

A deed in Delaware can be acknowledged in any county by any party to the deed in the Superior Court, or before any judge in Delaware, or notary public, or before two justices of the peace for the same county, or before the Mayor of the City of Wilmington. A deed may also be proved in the court by one or more of the subscribing witnesses ( 122). A certificate of acknowledgment, certified by the officer taking the acknowledgment, must be endorsed on or attached to the deed ( 123). Special warranty deeds can also be acknowledged out-of-state according to the provisions of 129 and will be valid in Delaware.

Special warranty deeds and other real estate deeds in this state that have been acknowledged or proved can be recorded, along with the certificate of acknowledgment or proof, in the recorder's office where the land is located ( 151). Delaware law requires the recording of each transfer of real property (96 <i>Del. C.</i> 9605). Entering the transfer into the public record provides constructive notice to future buyers about the property's ownership status. Constructive notice is based on the expectation that before completing something, a real estate transaction in this case, the interested parties should search publicly available information to verify the relevant details.

If a deed relates to property that is located in more than one county, the deed should be recorded in all counties where any of the property is located 25 <i>Del. C.</i> ( 152).

Delaware uses a "race" recording act, which means that deed's priority is based on the official time and date that it is recorded in the proper office, without respect to the time that it was signed, sealed, and delivered ( 153). If the same parcel of land is deeded to different people, the first owner to record the deed keeps the property. As such, record an executed deed quickly, even on the same day it's signed ( 156).

Delaware Special Warranty Deed forms must meet local and state statutory requirements for content and format. The most important county formatting requirements in Delaware are the margin requirements, which are different in each of the state's three counties. Failing to meet the recorder's document margin requirements can lead to the document being assessed with a non-compliant fee or being outright rejected for recording. Delaware Special Warranty Deed Forms Have Been Updated as Recently as Wednesday February 19, 2020

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Delaware Special Warranty Deed Form