Delaware § 8706 Extension of tax lien in Kent or Sussex Counties

Delaware Statutes

§ 8706 — Extension of tax lien in Kent or Sussex Counties

Delaware § 8706

JurisdictionDelaware

Title9

PartCounty Taxes

Ch. 87COLLECTION OF DELINQUENT TAXES

Subch.General Provisions

This text of Delaware § 8706 (Extension of tax lien in Kent or Sussex Counties) 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. 9, § 8706 (2026).

Text

The lien of any taxes upon real estate in Kent or Sussex Counties may be extended in the manner following: The tax collecting authority shall, prior to the expiration of the lien of the taxes, file with the prothonotary of the county a certificate containing the name of the taxable, the amount of the assessment, distinguishing the real property and capitation tax, the year for which the taxes may be levied, the rate of taxes, the total tax levied, the date from which the penalty for nonpayment of tax shall begin, and the rate of such penalty per month. The prothonotary shall thereupon file the certificate and enter an abstract thereof upon a record to be kept in the prothonotary’s office and to be known as “Tax Lien Record.” The lien of the tax shall thereupon be extended and remain a lien

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The lien of any taxes upon real estate in Kent or Sussex Counties may be extended in the manner following: The tax collecting authority shall, prior to the expiration of the lien of the taxes, file with the prothonotary of the county a certificate containing the name of the taxable, the amount of the assessment, distinguishing the real property and capitation tax, the year for which the taxes may be levied, the rate of taxes, the total tax levied, the date from which the penalty for nonpayment of tax shall begin, and the rate of such penalty per month. The prothonotary shall thereupon file the certificate and enter an abstract thereof upon a record to be kept in the prothonotary’s office and to be known as “Tax Lien Record.” The lien of the tax shall thereupon be extended and remain a lien against all the real property of the taxable within the county, inclusive of all real property, alienated by the taxable subsequent to the levy of the tax, and shall extend back to the date of the levy of the tax, and shall continue in force for a period of 5 years from the date of the levy, subject to the same conditions and limitations as of a judgment recovered in the Superior Court, and a writ of levari facias may issue thereon for the sale of the taxable’s real estate at the direction of such tax collecting authority as on any such judgment, and shall be in the name of the State against the taxable. The same provisions of law respecting the sale of lands under a writ of levari facias or execution process as in other cases shall apply to the sale of lands made under this section.

Legislative History

28 Del. Laws, c. 82, § 26 ; 30 Del. Laws, c. 82, § 7 ; 33 Del. Laws, c. 84, § 21 ; 38 Del. Laws, c. 78, § 1 ; Code 1935, §§ 1418, 1451; 42 Del. Laws, c. 109, § 1 ; 9 Del. C. 1953, § 8706; 57 Del. Laws, c. 762, § 24C ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 401, § 115