Delaware Code Title 25 Sec. 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:
Terms Used In Delaware Code Title 25 Sec. 121
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
- Grantor: includes every person by whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
- Grantor: The person who establishes a trust and places property into it.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
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.
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; 84 Del. Laws, c. 42, § 86;