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

25 Del. C. § 1603

Filed notice of pendency; effect as to persons claiming interest in real estate identified in notice of pendency

Official textdelcode.delaware.gov

# (a)

The recording of a notice of pendency shall be notice to any person acquiring an interest in the real property identified in the notice from or through any party named in the notice from the time of the recording of the notice. Any person claiming an interest in the real property which is the subject of the notice of pendency is bound by all proceedings taken in the action after such recording and until cancellation or discharge to the same extent as if such person were a party.

# (b)

Unless and until a notice of pendency is filed as provided by this chapter, no action shall, before final judgment is entered therein, be deemed to be constructive notice to a person acquiring or having acquired a lien on or any other interest in the affected real estate.

Amendment history

67 Del. Laws, c. 59, § 1

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In this title (40 sections)
  1. 25-1103 · Marking and bounding lands; procedure
  2. 25-1104 · Notice of commission meeting; powers of commission; recording…
  3. 25-1105 · Effect of commission’s return; savings provision
  4. 25-1106 · Boundaries fixed by agreement of parties
  5. 25-1107 · Right of holders of separate parts of tract or of younger…
  6. 25-1108 · Fees of commissioners, surveyors, chain carriers and witnesses
  7. 25-1301 · Lawful fences; height; barbed wire
  8. 25-1302 · Liability for trespasses; fence-viewers to assess damages
  9. 25-1303 · Fence-viewers; appointment; powers; quorum; compensation
  10. 25-1304 · Maintenance of partition fences; liability for enclosure of…
  11. 25-1305 · Judgment of fence-viewers; enforcement and penalty for…
  12. 25-1306 · Division ditches and fences; remedy for neglect to maintain;…
  13. 25-1307 · Recovery of awards by fence-viewers
  14. 25-1401 · Liability for damages; court’s authority to determine whether…
  15. 25-1402 · Method of ascertaining value of trees removed
  16. 25-1403 · Failure of defendant to answer
  17. 25-1404 · Abatement of action
  18. 25-1501 · Liability of owners or occupiers of land for injury to guests…
  19. 25-1601 · Written notice of pendency of action
  20. 25-1602 · Recording; indexing; cancellation
  21. 25-1603 · Filed notice of pendency; effect as to persons claiming…
  22. 25-1604 · Effective term
  23. 25-1605 · Mailing of notice of pendency to parties against whom notice…
  24. 25-1606 · Mandatory cancellation
  25. 25-1607 · Cancellation upon condition of security
  26. 25-1608 · Discretionary cancellation; hearing on probability of success…
  27. 25-1609 · Voluntary cancellation by party recording the notice
  28. 25-1610 · Effect of canceled or expired notice
  29. 25-1611 · Costs and attorneys’ fees
  30. 25-1612 · Fee for recording notice as taxable costs
  31. 25-1613 · Recording and marginal notation of judgment or stipulation of…
  32. 25-1614 · Express repeal of common law
  33. 25-2101 · Form of mortgage; effect [For application of section, see 80…
  34. 25-2102 · Minor’s bond, obligation or mortgage
  35. 25-2103 · Effect of mortgage executed by trustee for mentally ill spouse
  36. 25-2104 · Purchase money mortgage of married woman; liability of husband
  37. 25-2105 · Purchase money mortgage by married woman
  38. 25-2106 · Priority of mortgage from time of recording
  39. 25-2107 · Priority of mortgages recorded at same time
  40. 25-2108 · Priority of purchase money mortgages
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