The title conveyed by virtue of a deed under § 1110 of this title shall be subject to any reversion, remainder, lease, rent, mortgage or encumbrance of the lands to which they were respectively subject prior to escheat as determined by the Court of Chancery at the hearing; in default of presentment at the hearing, such claims shall forever be barred.

Code 1852, § ?1603; Code 1915, § ?139; Code 1935, § ?128; 12 Del. C. 1953, § ?1116; 60 Del. Laws, c. 292, § ?1;

Terms Used In Delaware Code Title 12 Sec. 1111

  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
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