Delaware Property Records

Property records are official legal documents that provide information about real property and its owners. Much of the information overlaps, but some contain specific details not found anywhere else. It's best to collect them all if you want to know the entire story behind the property.

Sources of Property Records in Delaware

Unfortunately, property records are not stored in one easy-to-find location. They are spread across many agencies, offices, companies, and entities.

If you want to file a new deed after buying a house in Delaware, you will contact the local county recorder of deeds in the county where the property is located. If you moved to New Castle, you would contact their recorder of deeds office. You can read more about that on their website.

The billing division in each county issues property tax bills to homeowners and collects payments. Sussex County has more information on who to contact with tax issues. The Delaware Division of Revenue oversees all local tax officials and approves county tax assessments. They also administrate overdue taxes and property tax liens.

If you want to renovate your home, build a new one, or demolish something, you must first obtain a building permit. You can do so in Delaware by contacting the building inspector's office at the county level or the Delaware Division of Professional Regulation to apply.

Each county recorder of deeds holds a vital role in the community. They are fully responsible for all land transaction records, corporate filings, and financing statements. Some of the items they record, and store are:

• Deeds and Deed Restrictions
• Easements
• Federal Tax Liens
• Mortgages, Partial Releases of Mortgages, Satisfaction of Mortgages, and Assignments
• Plot Plans

How Property Records are Maintained in Delaware

Each county has a system for recording documents, filing them, and maintaining archives. The one thing they all have in common is that when a new document comes in, they stamp it with the date, time, and code for filing so they can find it easily later.

Accessing Records at the Recorder of Deeds in Delaware

Part of the responsibility of the recorder of deeds in Delaware is to provide public access to property records. During regular business hours, guests can request records. If you need copies, they will charge you a small fee. Some counties also store their records online, so you can search for them there. Here are all of Delaware's county websites to get you started.

Recorder of Deeds Locations in Delaware

Due to its small size, Delaware has only three counties. You can narrow down your records search by visiting any one of the three county websites or recorder of deeds offices.

When searching, you will find many different types of property records for Delaware homes. Some overlap with the information, but viewing them all is important to get what you need. Some of the most common types of property records in Delaware are as follows:

Modern technology makes searching for property records easier. Property records come in handy in many situations. You have some options available when searching. Try these methods below to see what works for you.

Online Property Record Search

First, try an online property record search to find what you need. Enter the full property address into a search bar and see what comes up. Typically, you might see realty websites or search tools, but not much else. You may have to try harder.

In-Person Property Record Search

To request records, you can visit any of the local recorders of deeds offices or tax and building offices. They can charge you a small fee per page if you want copies. You must also supply them with the full property address or owner's name.

Using Property Record Indexes

The internet is full of property record indexes. Some of them are helpful, but others are not updated properly and might contain inaccurate information. Always verify results when using these resources.

How to Search Property Records by Address

The best way to search is using the full property address, including city, state, and zip code. Enter it into a search tool and review the results.

How to Search Property Records by Name

Sometimes, you can search using the owner's name, but this is not the most effective option. Many people share the same last name, so you might have to wade through many records to find what you need.

Owning a piece of the Diamond State is pure heaven, but it comes with some responsibilities. You must maintain the property to keep its value up and pay your mortgage, interest, and taxes on time. When you purchase property, your name is listed on public property records.

Every piece of real property has its own legal property description and boundaries. The legal description includes landmarks, map coordinates, and other defining characteristics to make it easy to find.

Surveys and Land Measurements

Surveys measure land and determine proper boundaries. These are used before someone builds a new home, when installing underground utilities, and in boundary disputes.

Boundary Disputes and Resolutions

Boundary disputes often occur when one neighbor thinks another is encroaching upon their land. These end up in court, where a judge must decide the fate of both parties. The courts often rely on expert witness testimony provided by professional surveyors to help them make a decision.

Encumbrances like liens can be damaging to a property and its owners. They appear readily in property records and can indicate financial troubles and ruin the owner's reputation. Liens can also lower the value of the home and make it harder to sell. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those over which you have control. For example, when you use your house as collateral when you take out a loan, you allow the lender to put a lien on the property until the loan is paid off. Even though they are voluntary, they can lead to foreclosure and the loss of your home.

Involuntary Liens

You are not in control of involuntary liens. They are imposed against your will when you owe someone some money. These kinds almost always lead to foreclosure and the loss of your home.

The Process of Property Liens in Delaware

Putting a lien on a property in Delaware differs depending on the lien type. However, the standard process of a mechanic's lien is as follows:

Real estate transactions are when property records really shine. They provide a solid foundation for the sale. Before the purchase, buyers, realtors, title companies, and attorneys consult property records to gather information about the property. During the sale, more records are created to replace older ones.

Buying Property: Due Diligence

Before buying property in Delaware, you should learn as much as possible about it. Property records can provide information about a specific property, such as its value, taxes, insurance, and other details, that can help you make an informed decision.

Selling Property: Providing Disclosure

When selling property, you must disclose any material defects about the house that you are aware of. For example, if the roof is falling apart or the leach field is failing, you must tell any potential buyers. You can use property records to fill in any blanks for things you don't know about.

Title Searches and Insurance

If you borrow money from a bank to buy the house, they will require that you purchase title insurance to protect them and you from any legal claims on the property after the sale. Your title company or attorney will perform a property title search to look for any issues before closing.

Foreclosure and Property Records in Delaware

Foreclosures appear in property records for the public to see. This can be embarrassing for the owner. It also lowers the value of the home (below fair market value) and makes it harder to sell. Many buyers don't want to deal with the hassles of a foreclosure home. Investors, however, seek out these types of situations.

Pre-Foreclosures in Delaware

Pre-foreclosures mean the house hasn't yet been sold at auction. There is still time to redeem the home if the owner can come up with the money. If not, the house will be sold. Investors offer homeowners low bids to buy the house cheaply and sell it for a profit.

When was the House Built?

Sometimes, you just want to know when a house was built. You can find out easily by contacting the county's recorder of the deeds office or building inspector and asking to see the first-ever building permit. That will show you when it was built and who bought it.

Property values can tell you a lot about the property, the local real estate market, and whether you can afford to buy it. These values can change rapidly with dips in the real estate market, a spike in interest rates, or other economic factors. Property values appear readily in property records. Most often, you will see the fair market value (FMV). The median home price in Delaware is $388,199.

Assessments and Appraisals

Local tax officials use tax assessments to determine the value of a property and set tax rates. Each homeowner must pay their fair share. These assessments do not necessarily match the fair market value, and tax assessors use county-approved calculations to derive the value.

Appraisers use various methods of forming an opinion about a property. They strive to achieve fair market value. These values are used for mortgages, estate planning, and court valuations.

There is no privacy when it comes to public records. If you purchase property, you cannot keep it a secret. Your name and address, plus other information, will appear in public property records.

Accessing Public Property Records

The internet has made accessing public property records easier. Anyone can do a property history search to find out a lot about a property. They can also visit county recorders of deeds, building inspectors, or tax offices to get copies of records.

Why are Property Records Public?

Property records are public for two crucial reasons. First, they protect and preserve the public chain of title, detailing every owner since the first one. Second, it prevents any one government office from becoming too powerful and having too much control over the people.

How Do I Protect My Personal Information in Property Records?

You can't remove all your information from public property records. However, you can minimize your exposure to fraud and identity theft by contacting the agencies with your records and asking them to remove anything beyond your name and address.

It's your responsibility to keep your property records updated and correct. No one will do it for you. The agency that holds your records won't be alerted to any life changes or update them without your request.