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Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 1102

Perpetuating testimony of boundaries

Official textdelcode.delaware.gov

# (a)

Any person interested in perpetuating testimony respecting boundaries or landmarks may file a petition in the Court of Chancery representing the case, and naming the tenants and the owners of adjoining land, and praying for an order to take depositions to perpetuate testimony respecting the bounds. A summons shall be issued for summoning the tenants and owners to appear and show cause if they have any objection to such order. If any of them cannot be found, the Court may order proper service or publication of notice to them. If no sufficient objection is shown, the Court shall order that commission issue to 1 or more persons to take depositions on interrogatories filed after 10 days written notice of the filing thereof. Notice to an attorney or solicitor of record shall be sufficient notice to the party for whom the attorney or solicitor of record appears, and notice need not be given to any person not residing in the county where the lands lie.

# (b)

Each party may produce witnesses to be examined under the commission. The Court may suppress the depositions and make new orders, or it may order the depositions to be recorded, and they shall then be evidence against the parties to the petition and their privies in any suit or controversy in which the bounds which they concern shall come in question, in case of the death of the witnesses or inability to procure their attendance.

# (c)

If any person is not summoned or notified, the order for commission may be made without notice to that person; but that person shall not be affected by the proceedings.

# (d)

Each party shall bear the costs of the attendance and examination of witnesses produced by each such party; all the other costs shall be paid by the petitioner.

# (e)

The commissioners may employ a clerk. The commissioners and the clerk shall be sworn faithfully to perform their duty. A commission directed to several may be joint and several.

Amendment history

70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 90

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In this title (40 sections)
  1. 25-744 · Curtesy; barred by wrongful conduct of husband
  2. 25-745 · Real estate in more than 1 county; appointment of freeholders;…
  3. 25-746 · Partition of several tracts held by same joint owners; power…
  4. 25-747 · Partition of several tracts where some parties hold interest…
  5. 25-748 · Power of commissioners to make return of partition of part of…
  6. 25-749 · Certified copy of record as evidence
  7. 25-750 · Limitation of appeals
  8. 25-751 · Powers of Court of Chancery
  9. 25-901 · Liability in actions for waste
  10. 25-902 · Liability of an assignee and tenant in possession
  11. 25-903 · Liability of husband or assignee of tenant
  12. 25-904 · Liability of cotenants
  13. 25-905 · Actions by heirs
  14. 25-906 · Accidental fire in house not waste
  15. 25-907 · Service of writ; judgment by default
  16. 25-908 · Procedure upon death of either party
  17. 25-909 · Judgment
  18. 25-910 · Writ of estrepement
  19. 25-911 · Injunction or writ of estrepement upon petition of lienholder
  20. 25-1101 · Unauthorized removal of landmarks and marking of boundary…
  21. 25-1102 · Perpetuating testimony of boundaries
  22. 25-1103 · Marking and bounding lands; procedure
  23. 25-1104 · Notice of commission meeting; powers of commission; recording…
  24. 25-1105 · Effect of commission’s return; savings provision
  25. 25-1106 · Boundaries fixed by agreement of parties
  26. 25-1107 · Right of holders of separate parts of tract or of younger…
  27. 25-1108 · Fees of commissioners, surveyors, chain carriers and witnesses
  28. 25-1301 · Lawful fences; height; barbed wire
  29. 25-1302 · Liability for trespasses; fence-viewers to assess damages
  30. 25-1303 · Fence-viewers; appointment; powers; quorum; compensation
  31. 25-1304 · Maintenance of partition fences; liability for enclosure of…
  32. 25-1305 · Judgment of fence-viewers; enforcement and penalty for…
  33. 25-1306 · Division ditches and fences; remedy for neglect to maintain;…
  34. 25-1307 · Recovery of awards by fence-viewers
  35. 25-1401 · Liability for damages; court’s authority to determine whether…
  36. 25-1402 · Method of ascertaining value of trees removed
  37. 25-1403 · Failure of defendant to answer
  38. 25-1404 · Abatement of action
  39. 25-1501 · Liability of owners or occupiers of land for injury to guests…
  40. 25-1601 · Written notice of pendency of action
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