10 Del. C. ch. 71 (partial) § 7134
Presumptions
Operative Text
(a) The person in whose name the premises involved is recorded in the recorder of deeds office shall be presumed to be the owner thereof. (b) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of the premises involved at the time of any conduct constituting the criminal nuisance is alleged to have been committed, such evidence shall be rebuttably presumptive that such person was an agent or employee of the owner, landlord or lessee of the premises.
Delaware Code § 7134 establishes two evidentiary presumptions in criminal nuisance proceedings involving residential or other premises. First, whoever appears as the property owner in the county recorder of deeds records is presumed to be the legal owner. Second, anyone shown to have managed, operated, supervised, or otherwise been in charge of the premises at the time of the alleged nuisance conduct is presumed—unless rebutted—to have been acting as an agent or employee of the owner, landlord, or lessee. Both presumptions can be challenged with contrary evidence.
Plain English — not legal advice.
Under § 7134, property records at the recorder of deeds office establish a presumption of ownership, meaning that whoever is listed there will be treated as the responsible owner in a criminal nuisance proceeding. Compliant operators generally keep ownership records accurate and current, and they maintain clear, documented relationships with any on-site managers or supervisors. Because § 7134 also presumes that a person in charge of a property is an agent of the owner, landlord, or lessee, operators typically document the scope of authority and employment status of anyone managing their properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7134 can be relevant to tenants who are trying to identify the legally responsible party in a nuisance-related proceeding—the law presumes that whoever is listed in the recorder of deeds is the owner, and that anyone running the property is that owner's agent. This means tenants generally have a basis to hold the record owner accountable even when day-to-day management is handled by a third party. Tenants seeking to understand how these presumptions might apply to their circumstances may wish to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation