Del. Code tit. 25 § 121

Current through 2024 Legislative Session Act Chapter 254

Section 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.

25 Del. C. § 121

Amended by Laws 2023, ch. 42,s 86, eff. 5/31/2023.

Code 1852, § 1612; Code 1915, § 3198; 33 Del. Laws, c. 207; Code 1935, § 3659; 25 Del. C. 1953, § 121; 70 Del. Laws, c. 186, § 1.;