Delaware Code § 25-2240

Ownership of land
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Nothing in this chapter shall be construed to prevent the construction of unit properties, as defined in § 2202 of this title, upon land
held under a lease by the developer of the unit property, provided that the declaration required under § 2219 of this title shall be signed
not only by the lessee, but also by the lessor of the land who holds legal title to the land in fee simple.

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