Delaware § 304 Permanent leasehold estates as estates in fee simple

Delaware Statutes

§ 304 — Permanent leasehold estates as estates in fee simple

Delaware § 304

Title25

PartGeneral Provisions

Ch. 3TITLES AND CONVEYANCES

This text of Delaware § 304 (Permanent leasehold estates as estates in fee simple) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 304 (2026).

Text

Permanent leasehold estates, renewable forever, shall be considered to be estates in fee simple, and shall be subject to the same modes of alienation, power of devise, and rules of descent and distribution, and to all the incidents of an estate in fee, provided that the grantor of the leasehold or the person entitled to the estate, out of which the term issues, has first released to the grantee of the term or the person in possession of the leasehold all right to the rent charged upon or growing out of the leasehold to such grantee's or leasehold possessor's or both.

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Permanent leasehold estates, renewable forever, shall be considered to be estates in fee simple, and shall be subject to the same modes of alienation, power of devise, and rules of descent and distribution, and to all the incidents of an estate in fee, provided that the grantor of the leasehold or the person entitled to the estate, out of which the term issues, has first released to the grantee of the term or the person in possession of the leasehold all right to the rent charged upon or growing out of the leasehold to such grantee's or leasehold possessor's or both.