About This Book
Delaware Code Title 25 — Property is the principal body of state law governing the ownership, transfer, leasing, and use of real and personal property in Delaware. It establishes the legal framework for deeds, mortgages, landlord-tenant disputes, liens, and boundary disputes throughout the state.
The code is comprehensive and organized into seven core sections, making it an essential reference for homeowners, tenants, real estate investors, and property managers:
1. General Provisions (Parts I & VII) - Deeds & Conveyances: Defines the legal requirements for transferring property ownership, recording deeds, and managing joint estates or property partitions. - Tort Liability: Limits a property owner's liability for injuries sustained by guests or trespassers on private residential or agricultural premises, unless the owner acts with willful or wanton disregard for their safety. - Boundaries & Fences: Governs the resolution of boundary disputes, shared fences, and timber rights between adjoining properties.
2. Mortgages and Liens (Part II) - Mortgages: Establishes the rules for recording and foreclosing on mortgages. - Mechanics' Liens: Outlines the process by which contractors or suppliers may place a lien on a property when payment for improvements has not been received. - Specialized Liens: Covers commercial real estate broker's liens, municipal and state tax liens, and liens on personal property such as vessels or abandoned assets.
3. Landlord-Tenant Codes (Parts III, IV, V & VI) - Residential Rentals: Comprehensively regulates the rights, obligations, and remedies of both landlords and tenants concerning security deposits, lease terms, and eviction procedures. For example, state statutes specifically address early lease termination in cases of serious illness. - Commercial & Agricultural Leases: Provides specific legal parameters for leasing business or farm property. - Manufactured Home Communities: Sets out dedicated rules for lot rentals in manufactured home communities, designed to protect both community owners and residents.
Practice Tests Using This Book
This book is required or recommended for 2 licensing exams. Our practice tests include questions based on this material.