Squatters Rights Delaware Summary
Statutory Period
20 years of continuous possession required
Primary Statute
Delaware Code, Title 10, § 7901-7902
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Actual possession of the property
- Continuous and uninterrupted for 20 years
- Under claim of right or color of title
Squatters Rights 30 Days Delaware
Origins of the 30-Day Myth in Delaware
- Confusion with tenant laws: Delaware's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Delaware is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Delaware's 2025 Squatter Removal Process
Delaware law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Delaware's criminal trespass laws
- For situations requiring court action, Delaware offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Delaware has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Delaware has clarified its trespassing laws to better address squatting situations, with amendments to Delaware Code Title 11, § 821-823 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Delaware, a claimant must occupy the property for 20 years continuously, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Delaware
Key information about squatter's rights in Delaware
Delaware's adverse possession laws require a lengthy 20-year possession period, making it one of the states with the longest statutory periods for adverse possession claims. The state follows traditional common law principles regarding the elements required to establish a claim.
Statutory Time Requirements
Delaware requires a 20-year period of continuous possession to establish adverse possession under Delaware Code Title 10, § 7901.
Reference: Delaware Code
Common Law Elements
To establish adverse possession in Delaware, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire 20-year period
Boundary Disputes
In Delaware, many adverse possession cases involve boundary disputes between neighboring property owners:
- Mistaken boundary lines are a common basis for adverse possession claims
- Delaware courts often apply the "practical location" doctrine
- Long-established fences or markers may become legal boundaries
- Even small strips of land can be acquired through adverse possession
- Delaware courts consider the conduct and knowledge of both parties
These boundary dispute cases make up a significant portion of Delaware's adverse possession jurisprudence.
Delaware Adverse Possession Statutes
Delaware Code Title 10, § 7901. Twenty years' adverse possession bars action to recover land
No person shall bring any action for the recovery of lands, tenements, or hereditaments, or for the recovery of the possession thereof, after the expiration of 20 years next after the right and title to the same first descended or accrued to the plaintiff or to the person under whom the plaintiff claims.
Delaware Code Title 10, § 7902. Presumption of adverse possession from 20 years' possession
When any person or persons have once obtained such peaceable and quiet possession of lands or tenements, and have held the same peaceably and quietly, no person afterwards shall have any right of entry therein within 20 years after such peaceable and quiet possession first obtained, but such right shall be forever barred.
Delaware Code Title 10, § 7903. Disabilities extending time for bringing action to recover land
If any person entitled to any real estate or to any interest therein is, at the time the right or title to such real estate or interest first descended or accrued, within the age of 21 years, or a married woman, or mentally ill, or imprisoned, such person may, notwithstanding the 20 years have expired, bring an action to recover such real estate, or interest therein, at any time within 10 years from the time that such disability is removed.
Important Legal Notes
- Delaware has one of the longest statutory periods for adverse possession in the United States at 20 years.
- Unlike many states, Delaware does not have a specific statutory requirement for payment of property taxes as part of an adverse possession claim.
- Delaware law allows for "tacking" of possession periods between successive occupants when there is privity between them.
- Delaware provides specific protections for persons with legal disabilities, allowing them additional time to recover their property.
- Government-owned lands in Delaware are generally exempt from adverse possession claims.
Key Delaware Adverse Possession Cases
Marvel v. Barley Mill Road Homes (2018)
The Delaware Supreme Court clarified that the hostility element does not require ill will or intent to take property from the true owner. The court held that possession that is inconsistent with the rights of the true owner, even if based on a mistaken belief about property boundaries, can satisfy the hostility requirement for adverse possession.
Tumulty v. Schreppler (2015)
The Delaware Court of Chancery emphasized that adverse possession requires "actual" possession, meaning physical occupation or use of the property. The court ruled that occasional or sporadic use of property is insufficient to establish adverse possession; instead, the use must be consistent with how an owner would typically use that type of property.
Bogia v. Kleiner (2010)
This case addressed the "open and notorious" element of adverse possession. The Delaware Court of Chancery held that the possession must be visible and apparent enough that a reasonable owner would notice it and take action to protect their rights. The court emphasized that this requirement serves to give notice to the true owner of a potential adverse claim.
Ayers v. Poppiti (2005)
In this boundary dispute case, the Delaware Court of Chancery addressed the "tacking" doctrine, allowing successive periods of adverse possession to be combined when there is privity between the possessors. The court permitted a current landowner to include the possession period of the previous owner to satisfy the 20-year requirement.
Delaware Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Delaware, a claimant typically must:
- File a quiet title action in the Court of Chancery in the county where the property is located
- Provide evidence of 20 years of continuous possession
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder of deeds to establish clear title to the property.
Defending Against Squatters
Delaware property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries and the entire property
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Taking prompt legal action against encroachments
- Filing a suit to interrupt the adverse possession period
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the 20-year statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Delaware provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request assistance from law enforcement to remove unauthorized occupants under Delaware's criminal trespass laws (Delaware Code Title 11, § 821-823).
- Summary Possession Proceeding: This is Delaware's process for removing unauthorized occupants:
- File a complaint for summary possession with the Justice of the Peace Court in the county where the property is located (Delaware Code Title 25, Chapter 57)
- Attend the hearing (typically scheduled within 15 days)
- If successful, obtain a writ of possession
- Have the constable execute the writ to remove the squatters
- Ejectment Action: For more complex cases where ownership is disputed, an ejectment action in the Superior Court may be necessary.
Important: Delaware law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Delaware to claim adverse possession?
In Delaware, a person must continuously occupy your property for 20 years to establish an adverse possession claim. This is one of the longest statutory periods in the United States, providing significant protection for property owners. The "30-day squatter's rights" claim is completely false - no one can gain ownership rights to your property after just 30 days of occupation.
Does Delaware require payment of property taxes for adverse possession?
Unlike many states, Delaware does not have a specific statutory requirement for payment of property taxes as part of an adverse possession claim. However, payment of taxes can be considered as evidence supporting a claim of right or ownership. The primary requirements in Delaware are 20 years of continuous, open, notorious, exclusive, and hostile possession.
What is "tacking" in Delaware adverse possession law?
In Delaware, "tacking" allows successive periods of adverse possession to be combined when there is privity between the possessors. For example, if Person A adversely possesses land for 15 years and then sells their interest to Person B, who continues the adverse possession for 5 more years, Person B may "tack" Person A's 15 years onto their own 5 years to satisfy the 20-year requirement. This principle was affirmed in cases like Ayers v. Poppiti.
Can I legally remove squatters from my property in Delaware?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request assistance from law enforcement under Delaware's criminal trespass laws. In other cases, you must use Delaware's summary possession process through the Justice of the Peace Court. "Self-help" methods like changing locks or cutting off utilities are illegal in Delaware and could result in liability for the property owner.
How does Delaware handle boundary disputes in adverse possession cases?
Many adverse possession cases in Delaware involve boundary disputes between neighboring property owners. Delaware courts often apply the "practical location" doctrine, where long-established fences or markers may become legal boundaries if they have been treated as such for the 20-year statutory period. Even small strips of land can be acquired through adverse possession if all elements are met for the required time period.
Are there any exceptions to the 20-year requirement in Delaware?
Yes. Delaware Code Title 10, § 7903 provides extensions for certain individuals with legal disabilities. If a person entitled to the property is under 21 years of age, mentally ill, or imprisoned at the time the adverse possession begins, they have up to 10 years after their disability is removed to bring an action to recover the property, even if the 20-year period has expired.