Delaware real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.

Some aspects of Delaware real estate law will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.

Keep the following points in mind when you speak with a Delaware real estate attorney:

1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by real estate law in Delaware. These rights include not only ownership but the right of use.

2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.

3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.

Action Steps
The best contacts and resources to help you get it done

Obtain insurance from an agent familiar with Delaware real estate law

The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.

I recommend: To make sure you cover everything you need to, check out the Insurance Services Group website for information on specific types of property insurance coverage for business owners. State Farm offers insurance on business property in all 50 states and allows you to search for an agent by city, state, zip code and area code.

Find a tax lawyer who is familiar with property law in Delaware

Taxes generally are higher on business property than residential property and most businesses will require the services of a Delaware real property law attorney. This will ensure you pay your taxes on time and receive any deductions that you are allowed.

I recommend: Lawyers.findlaw.com locates real estate attorneys in Delaware that you can select by city. Attorneypages.com allows you to find attorneys in Delaware by practice area, or you can select a search radius from a zip code that you specify.

Hire a Delaware property law attorney to handle real estate transactions

A business owner should have the assistance of a Delaware real estate lawyer when drawing up a contract for buying, selling or renting property. Your attorney can ensure that the contract protects your interests and is legally enforceable.

I recommend: Wilmington-based Werb & Sullivan practices real estate law and has specific experience in representing landlords and mortgage lenders. Georgetown-based Moore & Rutt specializes in commercial and residential real estate transactions for clients in Sussex County.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Small businesses normally hire an attorney that practices Delaware real property law by the hour, rather than keeping one on retainer. While a lawyer is necessary when buying and selling property, you can save money by completing as much paperwork as possible by yourself.