DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Delaware

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Delaware, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/delaware · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkAttorney-closing state: a Delaware-licensed attorney must conduct sale and refinance closings.

Delaware at a Glance

Topic Delaware answer Where it comes from
Who closes A Delaware-licensed attorney must conduct sale and refinance closings In re Mid-Atlantic Settlement Services, 755 A.2d 389 (Del. 2000)
Contractor lien deadline Statement of claim filed with the Prothonotary within 180 days after completion 25 Del. C. § 2711(a)
Sub and supplier deadline Within 120 days after their last labor or materials 25 Del. C. § 2711(b)
Priority Judgment relates back to the start of work, or to just after a first mortgage where at least 50% of proceeds pay for labor and materials, whichever is later 25 Del. C. § 2718
Discharge Cash deposit or approved security in court discharges the lien 25 Del. C. § 2729
Recording Deeds and mortgages have priority from recording 25 Del. C. §§ 153, 2106
Deed transfer tax 4% total where the locality levies its full 1.5% (state 2.5%), otherwise state 3%; apportioned equally between grantor and grantee; first-time buyers' share reduced by 0.5% of value up to $400,000 (max $2,000) 30 Del. C. § 5402
Mortgage/indebtedness tax None (no state statute)
Future advances Mortgage can secure future advances with priority from recording; maximum principal stated 25 Del. C. § 2118
Title premium regulation Title insurance is under the general rate law; filings 60 days before the proposed effective date 18 Del. C. §§ 2502, 2504, 2506

1. Mechanic's Lien Rules

Plain English

Delaware mechanic's liens are enforced in Superior Court. A claimant files a statement of claim (which can double as the complaint) with the Prothonotary in the county where the building is. A contractor who dealt directly with the owner has 180 days after completion of the structure (the statute lists several dates that count, such as issuance of a certificate of occupancy or the contractor's receipt of 90% of the contract price). Everyone else has 120 days after their own last work or delivery. The resulting judgment relates back to the start of the work, except that a first mortgage used at least half for construction costs comes first if recorded after work began. A lien can be discharged by depositing cash or approved security with the court.

Key Rules

Contractor deadline (25 Del. C. § 2711(a)). 180 days after completion; the statute lists alternative completion dates.

Others (25 Del. C. § 2711(b)). 120 days after completion of their labor or last delivery of materials (or listed final-payment dates).

Statement of claim (25 Del. C. § 2712). Filed with the Prothonotary of the Superior Court in the county; required contents.

Priority (25 Del. C. § 2718). Relates back to the start of labor or materials, or to the time immediately following recording of a first mortgage securing existing debt or future advances where at least 50% of the proceeds pay for labor or materials, whichever is later.

Discharge (25 Del. C. § 2729). On petition, a cash deposit equal to the claim, or court-approved security of at least that amount, discharges the lien; the undisputed part of the claim is paid to the claimant first.

Practice Points

  1. Search the Prothonotary, not just the Recorder of Deeds, for statements of claim.
  2. Construction loans: document that at least 50% of proceeds go to labor and materials to fit § 2718.
  3. Get lien waivers and an owner's affidavit covering the last 180 days.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Delaware is an attorney-closing state. Deeds are acknowledged before a notary or other listed officers, carry the grantee's address, and are recorded with the county Recorder of Deeds. A recorded deed has priority from the time it is recorded. The realty transfer tax is usually 4% (state 2.5% plus local 1.5%), apportioned equally between grantor and grantee.

Key Rules

  • Attorney closings (In re Mid-Atlantic Settlement Services, Inc., 755 A.2d 389 (Del. 2000), No. 102, 2000, decided May 31, 2000). Delaware attorney must conduct sale and refinance closings.
  • Acknowledgment (25 Del. C. § 122). Before a notary, judge, the Superior Court, and other listed officers.
  • Grantee address (25 Del. C. § 133). Required on recorded deeds.
  • Priority (25 Del. C. § 153). From recording, regardless of signing date.
  • Realty transfer tax (30 Del. C. § 5402). 3% state, or 2.5% where the locality levies its full 1.5%; apportioned equally between grantor and grantee; a first-time home buyer's share is reduced by 0.5% of the lesser of the value or $400,000 (§ 5402(c)).
  • Remote notarization (29 Del. C. § 4320). A notarial officer located in Delaware may use audio-video communication technology for a remotely located individual, with identity proofing or personal knowledge and an audio-visual recording of the act; for a paper record, the signer returns the signed record and a declaration within 3 days.

Practice Points

  1. Confirm a Delaware attorney is conducting the closing.
  2. Out-of-state lenders and agents can't run a Delaware closing themselves.
  3. Compute the 4% and confirm who pays what under the contract.

Citations

3. Securing Future Advances

Plain English

A Delaware mortgage can secure future advances, whether obligatory or optional, and keep priority for them from the date it was recorded, even if nothing was advanced at signing. The mortgage must state the maximum principal it secures; the balance can go up and down. It beats later liens (other than liens whose priority is governed by 25 Del. C. § 2901). Mortgages generally rank by recording time, and a purchase money mortgage recorded within 10 days after the deed has statutory priority over earlier judgments and other liens against the buyer, including mechanics' liens. Delaware also lets a Delaware attorney who paid off a mortgage record an affidavit satisfying it, at least 60 days after payoff and after 15 days' notice to the lender.

Key Rules

  • Future advances (25 Del. C. § 2118). Secured from recording; maximum principal stated.
  • Recording priority (25 Del. C. § 2106). From recording, not signing.
  • Purchase money mortgages (25 Del. C. § 2108). Priority over earlier judgments and other liens against the mortgagor if recorded within 10 days after the deed; a statement that the mortgage is purchase money creates a rebuttable presumption.
  • Attorney satisfaction (25 Del. C. § 2120). A Delaware attorney who paid off the debt may record a satisfaction affidavit after 60 days, on 15 days' notice to the creditor.

Practice Points

  1. Read the stated maximum in any credit-line mortgage.
  2. Label purchase money mortgages as such (it creates a presumption under § 2108).
  3. Payoffs: use § 2120 when the lender won't satisfy.

Citations

4. Subdivision Statutes and Regulations

Plain English

Delaware subdivision approval is handled by the counties (New Castle, Kent, Sussex) and municipalities under their land development codes. Title 9 authorizes the county rules: in New Castle County, land subdivided after regulations are adopted can't be sold except under an approved plan, and the Recorder may not accept an unapproved plan (9 Del. C. §§ 3006, 3007); Kent and Sussex have parallel plat-approval provisions (9 Del. C. chs. 48, 68). The filed Reybold case shows why this matters for title: the Delaware Supreme Court held that a recorded, owner-signed and certified record plan stating that "a cross easement is hereby established" created a private express easement the neighbor could enforce.

Key Rules

  • County plan approval (9 Del. C. ch. 30 for New Castle, §§ 3006-3007: no sale of subdivided land without an approved plan, fine up to $200 per lot; unapproved plans are void and can't be recorded; Kent ch. 48 and Sussex ch. 68 for plat approval).
  • Plan notes can create easements (Reybold Venture Group IX, LLC v. Summit Plaza Shopping Center, LLC, No. 124, 2025 (Del. Mar. 18, 2026)).

Practice Points

  1. Read every note on a recorded plan.
  2. Except plan easements, don't skip them.
  3. Confirm county approval before insuring a new lot.

Citations

5. Title Premium Rates

Plain English

Delaware's general property and casualty rate law expressly covers title insurance. A filing is deemed to meet the law when that period ends unless, within 45 days of receipt, the Commissioner disapproves it or extends the review.

Key Rules

  • Scope (18 Del. C. § 2502(a)(5)). Chapter 25 applies to title insurance.
  • Timing (18 Del. C. § 2506(c)). 60 days before the proposed effective date; deemed compliant at the end of the 60 days unless, within 45 days, the Commissioner disapproves or extends review.

Practice Points

  1. Quote only from the company's filed Delaware rates.
  2. No unfiled discounts.
  3. Show attorney fees separately from premium.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Delaware has one of the highest transfer taxes in the country: usually 4% of the price (2.5% state plus 1.5% local), apportioned equally between grantor and grantee by statute. A qualifying first-time homebuyer gets a break on the buyer's state share. Delaware has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. State 3%, reduced to 2.5% where the county or municipality has enacted the full 1.5% local realty transfer tax (30 Del. C. § 5402(a)); no tax if value is under $100 (§ 5402(b)).
  • Split. The statute apportions the tax equally between grantor and grantee (§ 5402(a)).
  • First-time homebuyer. The buyer's share is reduced by 0.5% of the lesser of the value or $400,000 (a maximum $2,000 saving); the seller's half is unchanged (§ 5402(c)).
  • Entity transfers and new construction. Transfers of beneficial ownership in Delaware real estate through interests in an entity are taxed as if by deed, with exceptions for loan pledges, publicly traded interests and transfers where prior owners keep 80% or more (30 Del. C. § 5401(8)). A contract to build a building, made before or within 1 year after the land transfer, is a taxable "document" (§ 5401(9)), taxed at 2% on amounts over $10,000 and borne by the building owner (§ 5402(f)).

(b) Mortgage, indebtedness or intangible tax

  • None found. No Delaware statute imposing a mortgage, indebtedness or intangible tax on recording a mortgage was found, so future advances, credit lines, refinances and modifications carry only recording fees.

(c) Other recording taxes and fees

  • Recorder of Deeds fees are set by county ordinance (9 Del. C. §§ 9617, 9619). By statute each recorded document also carries a $5 Housing Development Fund surcharge and a $25 Delaware Cultural Access Fund fee (§ 9607(b)).

Practice Points

  1. Worked example. A $400,000 sale at 4%: $16,000 total, $8,000 each side.
  2. No mortgage tax on loans.

Citations

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