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How to Access Property Records in Delaware

Rehoboth Beach Sussex County Delaware

Delaware property records are essential to the real estate market and local government. They keep track of property transfers and owners and are created by attorneys, title companies, realtors, appraisers, tax officials, local government offices, and private companies.

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

Government Sources

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. To apply, you can do so in Delaware by contacting the building inspector's office at the county level or the Delaware Division of Professional Regulation.

When public records become too massive, states like Delaware move older ones to an archive area to accommodate new records. The Delaware Public Archives maintains all the state's older records, which you can access through this organization.

Online

Many Delaware property records reside online on government websites like county recorder's offices and county websites. Visit each site to see if they have a search portal where you can find records and download copies. You may have to pay a fee for downloading.

In Person

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.

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

Commercial Sources

Commercial services make it easy to find property and related records quickly and easily, saving you a lot of time. You may also receive access to records beyond what is present in public records when signing up. PropertyChecker.com offers nationwide property searches. Using PropertyChecker, you can search by property address, parcel ID, owner's name, phone, or email, and you can save time by running unlimited statewide or local searches 24/7. Instead of visiting multiple websites or visiting local government offices, you can find all the data points you need in one comprehensive report.

What Information Can You Find in Delaware Property Records?

A property history search can reveal a lot of important information about a piece of property. These records come in handy when buying or selling real estate. Some records you will find are very detailed, and others are sparse.

Some of the things that a property history search may reveal include:

  • Liens
  • Tax Records
  • Ownership History
  • Mortgage / Loan Records
  • Foreclosures
  • Plat Maps
  • Easements / Conveyances
  • Property Details
  • Zoning
  • Building Permits
  • Boundary Lines
  • Assessed Values
  • Deeds
  • And More!

What Are Property Records?

What Are 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.

Delaware views property records and land records as the same thing. Instead of a dedicated website, you must visit the local county recorder of deeds, tax, building offices, or other locations to request records and perform searches.

Types of Property Records in Delaware

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

Deeds and Conveyance Records

Deeds are very common property records that transfer property ownership between individuals and companies. They also verify the title and can prove you own the property. These essential documents are very valuable.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

  • Name of the Seller/Grantor and Buyer/Grantee.
  • A detailed description of the property.
  • Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
  • Conveyance language explaining the ownership transfer from one person or entity to another.
  • Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

All Delaware residents must pay annual property taxes. These taxes pay for schools, road maintenance, government salaries, police, fire, and EMTs. Local county tax assessors set tax rates for each home. The local county billing divisions send out tax bills and collect payments. The Delaware Division of Revenue oversees all these local tax officials. If you don't pay your taxes, they will be the entity that imposes a lien on your property.

Property taxes in Delaware are very affordable. The average effective property tax rate is 0.53%, and the average homeowner pays $1,674 annually.

Delaware tax records differ in information because of the different tax rates in localized areas. Local assessors assess properties at a fair market value per state laws to help determine the owed taxes. While tax records differ, the following sections are common in property tax documents across the state:

  • Assessed Value - The tax record will show the property's assessed value. Based on various factors, this figure is likely to change with every assessment.
  • Property Details - Each tax document will include the assessed and taxed property details. It can consist of identifiers such as parcel number and physical address.
  • Owner Information - The document will contain the owner's details, such as name and contact information.
  • Tax Rates - The document must include a section outlining the local tax rates subject to change.
  • Tax Payment History - Some property tax records show a history of tax payments. It helps to note any delinquencies and inconsistencies.
  • Exemptions - A tax record will show exemptions for the property. For example, Delaware homeowners 65 and over are eligible for a 50% tax credit against standard school property taxes.

Building Permits and Regulations in Delaware

You must obtain a building permit before building new structures, demolishing existing ones, or renovating a home. In Delaware, you can visit your local building inspector's office or use the state-level tool of the Delaware Division of Professional Regulation.

Property Liens and Encumbrances in Delaware

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 home's value 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.

  • Mortgage Liens - Mortgage liens are the most common type; anyone who borrows money to buy a property will have one. The lender places a lien on the property to protect their interest. If you default on the loan, the lender will foreclose and sell your house to get their money back.

    The following information is in a Delaware mortgage:

    • Parties Involved - The document will highlight the names of the parties involved, plus their responsibilities.
    • Loan Terms - This document outlines the loan terms, including the duration, initial loan amount, and repayment details.
    • Property Identification - The record must outline details of the property under the mortgage.

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.

  • Mechanic's Liens - When a contractor, subcontractor, laborer, landscaper, or material supplier works at your home, and you don't pay them, they can use a mechanic's lien to try to get their money. They must sue you in court; they can foreclose and sell your home if they win.
  • Tax Liens - When you don't pay your annual property taxes, the county can step in and impose a tax lien on your property. When this happens, you will have a short window to bring the taxes current. If you do not, they will foreclose and sell your home well below fair market value at auction.
  • Judgment Liens - Creditors to whom you owe money can use judgment liens to get paid. They also must sue you in court to enforce the lien. If the court rules in their favor, they will foreclose, evict you, and sell the home to recoup their losses.

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:

  • The claimant prepares the lien form by filling in the necessary information governed by statute. The claimant should also have an affidavit stating that the facts in the complaint are correct and true.
  • Next, the claimant must record the lien at the superior court's Prothonotary Office/County Clerk for the county where the property is located. The claimant may deliver a copy via mail or in person.
  • Once recorded, the claimant must make a copy to serve on the property owner. Claimants are encouraged to keep an additional copy for their records. Delaware law requires claimants to provide notice to all additional lien holders.

Easements and Covenants

Easements and covenants often accompany deeds. These documents dictate how the land can be used and other restrictions. Easements are rights of way that allow someone other than the owner to access the land for a particular purpose. One example is a utility company with telephone poles on private land. The company can enter the property anytime to maintain its poles without first asking the owner.

Covenants are different; they are rules governing how a property can be used. You see these most often in condo developments and gated communities. Some areas have strict rules about paint colors, lawn decorations, and even holiday trimmings.

Plats and Surveys

Plats and surveys are both maps, but they differ in that plats include the boundaries of all the neighboring properties, while surveys show only the boundaries of a single property. Plats and surveys also accompany deeds.

The survey document will include the following information:

  • Easements - The survey identifies easements and rights of way on the property, including shared driveways and utility access.
  • Boundaries - The survey will show boundaries, including measures and angles of each boundary line.
  • Lot Dimensions - The survey will show the length and width of each side of the property.
  • Topographic Features - The survey will include topographic features such as slopes, elevation changes, and natural features.
  • Markers - The survey shows reference points used to establish boundaries.

Property Descriptions and Boundaries in Delaware

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 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 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 from professional surveyors to help them decide.

Foreclosures

Foreclosures appear in property records for the public to see. This can be embarrassing for the owner. It also lowers the home's value (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 mean the house hasn't been sold at auction. If the owner can come up with the money, there is still time to redeem the home. If not, it will be sold. Investors offer homeowners low bids to buy the house cheaply and sell it for a profit.

Understanding Property Ownership in Delaware

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.

There are many situations where you might need to find the owner of a particular property. You can look up for homeowners online or contact the local county recorder of deeds in the county where the property resides and asking for a copy of the most recent deed. That will tell you who owns it and when they bought it.

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.

Ownership History Records

Properties do not just change hands through sales. Often, someone inherits property after a family member dies. Sometimes, people gift property to others while they are still alive. In rare cases, a person may sign over the deed to their property to pay off a debt or avoid foreclosure.

What is a Chain of Title?

The chain of title is a list of all owners since the beginning. This list is documented through deeds with each county's Delaware recorder's office. These records are public and accessible by anyone at any time.

Buying and Selling Property in Delaware

Buying and Selling Property in Delaware

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.

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.

When selling property in Delaware, 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.

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.

Why Property Values Are Important in Real Estate Transactions

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.

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.

What Factors Determine Property Values in Delaware

The factors that determine property values in Delaware include:

  • Crime Rates - Like in other states, areas with low crime rates command higher values since homebuyers are more willing to pay for better security ratings.
  • Property Size and Condition - Bigger homes or properties command higher prices. However, the price tag may be lower to encourage purchase, especially when maintenance costs are high.
  • Proximity to Natural Features - Delaware has coastal areas with more desirable scenery and climate. Therefore, places like Bethany Beach and Lewes may command higher property values.
  • Business Climate - Delaware is known for its business-friendly climate, so proximity to areas with a solid economic presence, such as Wilmington, may have higher property values. This is because of the potential for employment opportunities and financial stability.
  • Property Tax Rates - Delaware's tax rates are notably low. Variations in tax rates across the cities may influence the values of homes within the area.

Maintaining and Amending Delaware Property Records

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.

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.

Some property records contain errors. If you notice that yours isn't correct, contact the county recorder of deeds or another office and ask them to fix it. You will have to supply documentation proving the error before they will correct it.

You should also update property records when someone dies. Bring the person's death certificate, will, and any court documents about their estate to the county recorder of deeds office and ask them to draft a new will in the new owner's name. The will must be notarized and witnessed.

If you get married or divorced, you will also want to change your name in property records. You can bring your marriage certificate or divorce decree to the local recorder of deeds office and ask them to update it. You may have to pay a nominal fee to change it.

The Role of the Recorder of Deeds

New Kent County Courthous Dover Delaware

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 to Ensure Data Privacy for Property Records

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.

The internet has made accessing public property records easier. Anyone can conduct a property history search to learn much about a property. They can also visit county recorders of deeds, building inspectors, or tax offices to obtain copies of records.

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.

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.

Delaware Property Records
  • 300 Delaware Ave. Suite 210,
    Wilmington, DE 19801
  • (302) 246-8846

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