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Delaware · 25 Del. C. ch. 1Delaware deeds: acknowledgment, the grantee's address, and priority from the moment of recording

In Delaware land passes by deed (25 Del. C. §101), and the Code gives a sufficient statutory form of deed, while other forms remain valid (§121). A deed is acknowledged by a party in any county before the Superior Court, any judge of the State, a notary public, two justices of the peace for the same county, or the Mayor of Wilmington, or it may be proved in court by a subscribing witness (§122), with the acknowledgment or proof certified as the chapter provides (§123). Anyone leaving a deed for record must place on it or attach the grantee's address (§133). An acknowledged or proved deed, with its certificate and attachments, is recorded in the recorder's office of the county where the land or any part of it lies, and the record or an office copy is sufficient evidence (§151). A deed has priority from the time it is recorded in the proper office, regardless of when it was signed, sealed and delivered (§153), so recording promptly after closing protects the buyer.

What the statutes set

  1. Form (§121)

    A statutory deed form is sufficient; other forms remain valid.

  2. Acknowledgment (§122)

    Notary, judge, Superior Court, two justices of the peace, or proof by a subscribing witness.

  3. Grantee's address (§133)

    Placed on or attached to the deed left for record.

  4. Priority (§153)

    From recording in the county recorder's office, not from signing.

What the TC checks on a Delaware deed

  • The notarial acknowledgment certificate is complete and sealed.
  • The grantee's address is on the deed before it goes to the recorder.
  • The deed is recorded promptly – Delaware priority runs from recording.

Questions about Delaware deed requirements

Does a Delaware deed need witnesses?

The statute requires acknowledgment before an officer such as a notary public; proof by a subscribing witness in court is an alternative to acknowledgment (25 Del. C. §122).

When does a Delaware deed take priority?

From the time it is recorded in the proper recorder's office, without regard to when it was signed and delivered (25 Del. C. §153).

Related guides

Track the deed review and recording as tasks on the deal in ClosingCode.

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Sources: 25 Del. C. §§101, 121, 122, 123, 133, 151, 153 (delcode.delaware.gov), read November 1, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.