Updated April 09, 2024
A Delaware special warranty deed is used to transfer land and buildings to another person or entity. It does not guarantee that there is clean title going back past the current owners – only that the current owners have not transferred their interest in the property to anyone or otherwise encumbered the property. As in all cases, you may want to have a property search completed, otherwise known as a title search so that you know what interest the grantor (seller) has in the property and what they can legally convey to you as the grantee.
Laws – Title 25, Chapter 1 – Deeds
Affidavit of Residence (Form 5402) – This affidavit must be attached to the warranty deed for it to be accepted by the County Recorder. (9 Del. C. § 9605)
Statutory Form – 25 Del. C. § 121
Recording – All deeds must be recorded in one of the three counties: Kent County, New Castle County, or Sussex County.
Signing (25 Del. C. § 122) – This document must be signed and sworn by the Grantor(s) in the presence of a Notary Public. Alternatively, the deed may be proved in the superior court by one or more subscribing witnesses.
How to Write
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I. Preparation Of Document
(1) Reporter’s Name And Address. The physical production of this document should be discussed to a certain extent at the onset. The Party acting to report information onto this form during its preparation for signing must self-report with his or her name and legal mailing address at the top of this page. The county tax assessment parcel identification number of the parcel(s) affected must also be included in the appropriate field.
II. Instruction For Delaware County Recorder
(2) Filing Recipient. The Delaware County Recorder handling this paperwork on behalf of the County will need a predetermined Recipient of the filed document. To this end, the legal name of the Person or Entity the Delaware County Recorder should send this form to after it is filed with the State must be reported as well as his or her complete mailing address. A distinct area in the header has been set to accept this information for display.
III. Grantor Of Delaware Property
(3) Identity Of Delaware Property Grantor. The Grantor of the Delaware property’s ownership or the current claim to its ownership will need sign his or her name to this paperwork. This Signature Grantor will need to be discussed in the first statement and must be identified with a presentation of his or her full legal name. Every Delaware Property Grantor will need to be established here before he or she can sign this document.
(4) Address Of Delaware Property Grantor. Produce the address of the Delaware Property Grantor. Make sure this is the home address needed to physically deliver a notice or visit the concerned Grantor’s place of residence..
IV. Delaware Property Payment
(5) Declared Payment. The Receiver of the Delaware property claim or ownership from the Grantor will require identification. His or her legal name will be needed in the statement made here so that the conveyance of the current property claim or ownership can be assigned to the correct Party. If there will be more than one Grantee, then each one’s name should be presented. .
V. Recipient Of Delaware Property
(6) Grantee Assuming Delaware Property. The Receiver of the Delaware property claim or ownership from the Grantor will require identification. His or her legal name will be needed in the statement made here so that the conveyance of the property claim or ownership can be assigned to the correct Party. If there will be more than one Grantee, then each should be presented.
(7) Residential Address Of Delaware Property Grantee.
VI. Delaware Property
(8) Delaware County Of Discussion. A description of the Delaware property the Grantor exchanges for the Grantee payment is needed for the purpose of this document. To begin, identify the Delaware County where this property is located
(9) Delaware Property Description. Continue through this statement with a production of the address of this property’s geographical location. In addition to this address, the legal description of the Delaware property should be generated in the space provided. Keep in mind this must be an accurate recording therefore, make sure its entire legal description is supplied by inserting additional lines or developing an attachment if needed
VII. Delaware Grantor Signing
(10) Signature Of Delaware Grantor. The Grantor of the Delaware property claim or ownership can only successfully convey his or her interest/ownership to the Grantee by signature. That is, every Delaware Grantor named in the first paragraph must sign his or her name in a manner that is verifiable. As such this act of signing requires the observance of two Witnesses, a Notary Public, or (ideally) both.
(11) Delaware Grantor Information. After the production of his or her signature, the Delaware Grantor must print his or her name and confirm his or her address to the signature area.
VIII. Witness To Delaware Grantor Signing
(12) Witness Signature Process. Both of the Witnesses who have watched the Delaware Grantor’s signature should also sign their names then print their names. Two distinct signature sections are available so that each Witness may work with his or her own area.
IX. Required Notarization
(13) Notary Action On Grantor Signature. As mentioned, the Delaware Grantor’s signature will need to be verified as authentically provided. Generally, it is a good idea to have the Delaware Grantor’s signature both witnessed and notarized. However, if only one will be employed, then most would recommend having the signature undergo the notarization process since a licensed Notary Public can be easily contacted by anyone seeking verification of the Signature Party’s identity.
