Delaware Code Title 7 Sec. 7913 – Recording
(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. A recorded environmental covenant or a notice recorded pursuant to § 7914 of this title must be indexed in the grantor‘s index in the names of the owners of the real property subject to the covenant and in the grantee‘s index in the name of the holder.
Terms Used In Delaware Code Title 7 Sec. 7913
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Delaware Code Title 7 Sec. 7907
- Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
- Holder: means a person that is the grantee of an environmental covenant. See Delaware Code Title 7 Sec. 7907
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means the State of Delaware, in the United States. See Delaware Code Title 7 Sec. 7907
(b) Except as otherwise provided in § 7908(c) of this title, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property. Recording of a covenant pursuant to the law of this state provides the same constructive notice of the covenant as the recording of a deed provides of an interest in real property.