Recording a deed in Kent County, Delaware
Everything you need to get a deed on file in Kent County. The office that records it, the formatting it checks, what it costs, and the three ways to submit.
- Recording office
- Recorder of Deeds
- Witnesses
- Notary only
- Transfer tax
- 4% in most places
- First-page margin
- 1.5″ top
- Recording fee
- ~$46 first page
- E-recording
- Approved submitters
Recording a deed in Kent County
Deeds affecting property in Kent County, Delaware are recorded with the Recorder of Deeds. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.
The recording rules the office applies come from Del. Code tit. 9, § 9605. Deeds themselves are governed by Del. Code tit. 25, § 121.
Worth knowing
Kent County's Standards for Recording: a top margin of 1.5 to 3 inches on page one and at least 1 inch everywhere else, on 8.5 × 11 inch paper, and the tax parcel number (the full 25-character map number), then "Prepared By", then "Return To" at the left margin in the top third of page one. A combined "Prepared By & Return To" is accepted. Deedly prints them in that order at the left margin, starting 1.5 inches down. A non-conforming document costs $40 more, and a rejected one $20.
Worth knowing
Kent County charges a $36 document fee (the $30 state fee, $1 county and $5 technology), $10 a page and $5 for each tax parcel on a deed, so a three-page deed costs $71. A transfer on death deed costs $88 for up to 5 pages and $10 for each page after that.
What to bring
- The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
- A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
- Form RTT-TAX (Realty Transfer Tax Return) and the county's transfer tax forms, which Delaware requires alongside the deed.
- Payment for the recording fee, about $46 for the first page and $10 for each page after that, plus $5 for each tax parcel.
Formatting
- Delaware's three recorders each set their own page-one layout (9 Del. C. § 9605(g)). All use 8.5 × 11 inch paper and want the tax parcel number, the words "Prepared by" with the preparer's name and address, and the return address at the top of page one. New Castle and Sussex require type of at least 12 point.
- Deedly lays out page one for the county you choose, where its recorder asks: the tax parcel number, the PREPARED BY block and the return address in the upper right corner in New Castle County, at the left margin within the top third of the page in Kent County, and in the upper left inside the 2-inch top margin in Sussex County (the return address just below that margin). Each county's recording office page gives its rules.
- Deedly's layout for Kent County follows its Standards for Recording: 8.5 × 11 inch paper; a 1.5-inch top margin on page one, then the tax parcel number, the PREPARED BY block and the return address at the left margin, inside the top third of the page; 1-inch margins elsewhere; and type no smaller than 12 point.
- A legal description. A street address alone is not enough.
- A 'when recorded, return to' block so the stamped original comes back to you.
How to file
- In personTake the original to the Recorder of Deeds in Dover. This is the fastest route. You usually walk out with the recording information the same day.
- By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
- E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.
Confirm the address before you post anything
Offices move and hours change. Search for "Kent County Delaware Recorder of Deeds" and use the official county website, not a directory listing, which is often years out of date.
Formatted to Delaware requirements, with Kent County filing instructions included.
Common questions
With the Recorder of Deeds, located in Dover. Deeds are always recorded in the county where the property sits, not where the owner lives.
Around $46 for the first page and $10 for each page after that, plus $5 for each tax parcel. Delaware also charges realty transfer tax at 4% in most places (2.5% to the state and 1.5% to the county or town), on the price or the property's highest assessed value, whichever is greater, though a gift is taxed on the property's highest assessed value unless an exemption applies, such as a gift between spouses, parent and child, siblings, or grandparent and grandchild (30 Del. C. §§ 5401(1), 5401(4)). Confirm current fees with the office before you mail anything; they change.
Usually only through an approved e-recording submitter, such as a title company or attorney, using a service like Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. Otherwise, record in person or by mail.
Keep reading
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.