Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 121
Form of deed; legal effect; other forms as valid
# (a)
The following shall be a sufficient form of deed for the conveyance of real estate:
This Deed made this ____ day of ____, A.D. ____
Between A. B., of ____, party of the first part and C. D. of ____, party of the second part.
Witnesseth, that the said party of the first part for and in consideration of the sum of ____, the receipt whereof is hereby acknowledged, hereby grants and conveys unto the said party of the second part.
ALL
____
____
(Description of premises).
____
____
(Recital of title).
In witness whereof, the said party of the first part hath hereunto set the party of the first part’s hand and seal.
Sealed and Delivered in ____ (Seal)
The Presence of:
____
____
# (b)
A deed in the form prescribed in subsection (a) of this section, duly executed and acknowledged, unless otherwise restricted or limited, or unless contrary intention appears therein, shall be construed to pass and convey to the grantee therein and to the grantee’s heirs and assigns the fee simple title or other whole estate or interest which the grantor could lawfully convey in and to the property therein described together with the tenements, hereditaments, franchises and appurtenances thereunto belonging, and the reversions and remainders, rents, issues and profits thereof. The words “grant and convey” in any deed shall, unless specifically restricted or limited operate as a special warranty against the grantor and the grantor’s heirs and all persons claiming under the grantor or them. Nothing contained in this section shall invalidate a deed not made in the form prescribed in subsection (a) of this section, but a deed made in the form heretofore in common use within this State shall be valid and effectual.
Amendment history
33 Del. Laws, c. 207; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 86
Source: view the official text
In this title (40 sections)
- 25-81-412 · Conversion buildings
- 25-81-413 · Express warranties of quality
- 25-81-414 · Implied warranties of quality
- 25-81-415 · Exclusion or modification of implied warranties of quality
- 25-81-416 · Statute of limitations for warranties
- 25-81-417 · Effect of violations on rights of action; attorneys’ fees
- 25-81-418 · Labeling of promotional material
- 25-81-419 · Declarant’s obligation to complete and restore
- 25-81-420 · Substantial completion of units
- 25-81-421 · Amendment to public offering statement
- 25-101 · Transfer of title to real estate by deed
- 25-102 · Effect of deeds by married women
- 25-103 · Circumstances under which wife may bar her dower without…
- 25-104 · Trustee for wife with a mental disability; barring of dower
- 25-105 · Trustee for husband with a mental disability; barring of…
- 25-106 · Effect of deed executed by trustee for spouse with a mental…
- 25-107 · Conveyance of real estate by married woman deserted without…
- 25-108 · Deeds and other instruments executed by the Home Owners’ Loan…
- 25-109 · Defeasance or contract for reconveyance; recording;…
- 25-110 · Certificates of notaries public; validity
- 25-121 · Form of deed; legal effect; other forms as valid
- 25-122 · Acknowledgment and proof of deeds
- 25-123 · Certification of acknowledgment or proof
- 25-124 · Acknowledgment and execution of deed by married woman deserted…
- 25-125 · Place for taking acknowledgment or proof
- 25-126 · Certification of acknowledgments by justices of the peace; form
- 25-127 · Acknowledgment of corporate deeds or other instruments
- 25-128 · Certification of acknowledgments by Mayor of Wilmington; fee
- 25-129 · Acknowledgment or proof outside State
- 25-130 · Notarial acts by members of the armed forces
- 25-131 · Validation of certain instruments as deeds
- 25-132 · Validity of legal instruments having defective…
- 25-133 · Address of grantee on deed
- 25-134 · Authentication and recognition of acknowledgments
- 25-135 · Tax ditch, tax lagoon, right-of-way, or assessment
- 25-151 · Recording of deeds and letters of attorney
- 25-152 · Recording as affecting lands in county of recording
- 25-153 · Priority of deed concerning lands or tenements
- 25-154 · Deeds and letters of attorney; recording at any time
- 25-155 · Acknowledgment or proof as evidence of recording; private…