Recording a deed in Sussex County, Delaware
Everything you need to get a deed on file in Sussex 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
- 2″ top
- Recording fee
- ~$40 first page
- E-recording
- Approved submitters
Recording a deed in Sussex County
Deeds affecting property in Sussex 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
Sussex County's requirements: a 2-inch top margin on page one, with the tax map and parcel number in the upper left corner and the preparer's name and address under it inside that margin; the return address at the upper left of page one; a 2-inch bottom margin on the last page and 1-inch margins at the top and sides of every page; type of at least 12 point in black ink; white 20 lb paper printed on one side; every page numbered. Deedly lays out and numbers your pages that way; print them on white 20 lb paper, one side only. A document that does not comply costs $30 more.
Worth knowing
Sussex County charges the $30 state document surcharge, a $1 maintenance fee and $9 a page, so a three-page deed costs $58. Pay by check or money order payable to "Recorder of Deeds" for the exact amount, with a phone number on the check; one check covers at most 5 documents. Send a self-addressed, stamped return envelope with each document.
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 $40 for the first page and $9 for each page after that.
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 Sussex County follows its requirements: 8.5 × 11 inch paper; on page one, the tax parcel number and the PREPARED BY block in the upper left corner inside the 2-inch top margin, with the return address just below that margin; a 2-inch bottom margin and 1-inch margins at the top and sides of every page; every page numbered; 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 Georgetown. 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 "Sussex 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 Sussex County filing instructions included.
Common questions
With the Recorder of Deeds, located in Georgetown. Deeds are always recorded in the county where the property sits, not where the owner lives.
Around $40 for the first page and $9 for each page after that. 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.
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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.