Delaware may be one of the smallest states, but it packs a punch with its rich history, business-friendly laws, and picturesque coastal towns.
Whether you’re eyeing a beachside getaway in Rehoboth or planning to invest in Wilmington’s growing market, there’s one essential step to take before closing the deal: understanding how property title searches work in Delaware.
What are the search requirements in Delaware?
In Delaware, property title search requirements are in place to uncover any potential claims, liens, or ownership issues before a real estate transaction is completed.
Whether you’re purchasing a residential home or a commercial property, Delaware law typically requires a title search going back 30 years or more to ensure a clear chain of ownership and identify any encumbrances that could impact the property’s value or marketability.
Here are a few key considerations to keep in mind when conducting property title searches in Delaware:
- State and federal tax liens: State tax liens are enforceable for 20 years. Federal tax liens are valid for 10 years and 30 days.
- Mechanics liens: Often filed by contractors or suppliers, mechanics liens have a 1-year enforceability period.
- UCC filings: Short for Uniform Commercial Code filing, these financing statements generally last for five years unless continued.
- Homeowners association (HOA) liens: HOA liens can impact a title for up to 10 years.
- Judgments: Civil judgments are effective for 10 years, while judgments in favor of Delaware or the federal government are enforceable for up to 20 years.
In Delaware, a licensed attorney is required to conduct the settlement, make all disbursements, and examine the title to ensure compliance with state law. Title is typically conveyed via a Special Warranty Deed, and to be insurable, the deed must include the operative words “grant and convey.”
What to know about liens in Delaware
In Delaware, liens can be classified as general or specific, consensual or involuntary, and statutory.
General liens apply to all of a debtor’s real estate assets, like buildings and land, and typically stem from court judgments, tax debts, or other statutory obligations.
They usually last 10 years and can be extended for another decade if filed with the superior court in the county where the property is located.
Specific liens, on the other hand, attach to particular assets, such as a mortgage or a mechanic’s lien. Consensual liens are created through agreements like loans secured by property, while involuntary liens, including tax or judgment liens, are imposed without the owner’s consent.
Statutory liens, authorized by law, ensure debts like unpaid taxes or contractor fees are settled, and can apply to both real and personal property in Delaware.
Tackling complex probate law in Delaware
In Delaware, a property owner’s will must be produced within 10 days of learning of the testator’s death. Property held as joint tenants with right of survivorship passes immediately to the surviving owner and is still subject to inheritance taxes.
Surviving spouses in Delaware are entitled to various protections, including an intestate share, elective share, and a spousal allowance. For small estates valued under $30,000, a Small Estate Affidavit may be filed 30 days after death, provided debts and allowances are addressed.
If a non-resident dies owning real property in Delaware, ancillary probate proceedings are required.
Regarding marital rights in general, Delaware does not recognize dower, homestead, or community property rights.
Delaware recognizes several types of property ownership that affect how real estate is handled after someone dies:
- Joint Tenants with Right of Survivorship: The property automatically goes to the surviving owner without going through probate.
- Tenants by the Entirety: This type is not used for real estate in Delaware, but it may apply to other jointly owned property in some states.
- Tenants in Common: Each owner has a separate share of the property. When one owner dies, their share must go through probate.
- Joint Tenants: This usually means the owners have equal shares and often includes the right of survivorship, unless stated otherwise.
Set Yourself Up for Success in Delaware Real Estate
Navigating Delaware title searches doesn’t have to feel like wading through legal red tape alone.
At Pippin Title, we simplify Delaware title searches, whether you’re handling one transaction or managing a portfolio of closings.
Our platform combines cutting-edge search technology with a trusted network of local experts to deliver fast, accurate, and commitment-ready reports. Every order is carefully reviewed through our quality control process to help you close efficiently and confidently.
Track every title search in real time through your personalized portal, with full visibility from request to delivery.
Ready to close with confidence in the First State? Contact us today.
Frequently Asked Questions
1. What does a Delaware property title search include?
A Delaware property title search uncovers ownership history, existing liens, easements, encumbrances, and any recorded claims that could impact the property’s legal status. It typically includes a 30-year (or more) chain of title review, especially for residential or commercial properties.
Pippin Title delivers fast, accurate, commitment-ready reports by combining advanced search technology with experienced local abstractors. We handle the research, so you don’t have to dig through courthouse archives.
2. Who is required to perform the title search and settlement in Delaware?
In Delaware, a licensed attorney must conduct the settlement, make disbursements, and examine the title. This legal requirement ensures compliance with state regulations and protects all parties involved.
Pippin Title works hand-in-hand with Delaware-licensed attorneys to streamline the process. We provide the title data they need, clearly packaged and thoroughly vetted, so settlements proceed smoothly.
3. What type of deed is commonly used in Delaware real estate transactions?
Delaware customarily uses a Special Warranty Deed, which requires the operative words “grant and convey” to be insurable. Deeds that lack these words may not be accepted by title insurers.
Pippin Title ensures your title documents are accurate and aligned with Delaware requirements, flagging any missing language or deed issues before they become a problem at closing.
4. How can I verify there are no liens or judgments against a property in Delaware?
A complete title search will reveal any existing general or specific liens, such as mortgages, tax liens, mechanics’ liens, or judgments that could cloud the title or affect ownership.
Our comprehensive reports identify and highlight all liens tied to the property. With our robust search capabilities and local insight, you get clear, actionable information to resolve title issues early.
5. How long does a Delaware title search take
Turnaround times can vary depending on the property’s history and the county, but most standard title searches take three to five business days when conducted efficiently.
Pippin Title accelerates the process with smart search automation and real-time tracking through your custom portal. You can monitor progress at every stage, ensuring no surprises and faster closings.
