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A Delaware deed records the conveyance of real estate from a transferor to a transferee. Besides officially transferring real estate ownership, a deed often provides covenants that protect the receiving party (called the “grantee”). For example, a general warranty deed guarantees that the property has no title issues, liens, or encumbrances whatsoever. A quit claim deed makes no assurances regarding the property’s title and is commonly used for conveyances between a spouse or family members.
For the deed to be valid, it must be signed by the grantor in the presence of a notary public and recorded in the county recorder’s office.
Contents |
Types (3)
General Warranty Deed – This deed offers the most protection to the grantee; it guarantees that the title is free of any liens or encumbrances and that the grantor is the rightful owner of the property.
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Quit Claim Deed – Conveys property without assurances regarding encumbrances or the grantor’s ownership rights.
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Special Warranty Deed – This deed guarantees the property’s title and that the property has no liens or encumbrances against it; however, the warranties provided only apply to the current owner.
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Laws & Requirements
- Statutes: Chapter 1 – Deeds
- Formatting:
- Signing Requirements (§ 122): Notary Public or proved in Superior Court before one (1) or more witnesses.
- Where to Record (§ 154): County Recorder’s Office in either Kent County, New Castle County, or Sussex County.
- Recording Fees:
- Forms:
- Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402): Per § 9605(d), no recorder will accept any conveyance without the submission of this document.
- Kent County New Property Owner Information Form: Kent County Only: Required to be submitted with all property transfers recorded in Kent County.
- Property Disclosure Statement (§ 2572): The seller must disclose any known material defects to the potential buyer. If the property is newly built, the New Construction disclosure statement should be used instead.
- Radon Disclosure (§ 2572A): Residential property buyers must be made aware of any known radon hazards on the premises and be provided with any documentation regarding any testing and inspection of radon.