Squatters Rights in Delaware: 20-Year Adverse Possession Law
Delaware requires 20 continuous years of open, notorious, exclusive, hostile possession — one of the longer and stricter periods in the country, with no tax-payment or color-of-title shortcut. Delaware relies on its traditional common-law framework rather than the criminal squatter-removal statutes several neighboring states enacted in 2024-2025.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Delaware vs Neighboring States: Quick Comparison
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 21 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 30 years
- Tax Payment Required
- Yes
- Color of Title
- Required
- Expedited Removal Law
- Yes 2024–2025
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Delaware
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Delaware
To claim ownership of property through adverse possession in Delaware, a claimant must possess the land for 20 years while meeting the legal requirements established under state law.
Legal Basis and Statutory Period
Delaware’s adverse possession law is codified under 10 Del. C. § 8106 (limitations); adverse possession is otherwise governed by Delaware common law. The standard statutory period is 20 years of continuous, open, and hostile possession.
Property Tax Requirements
Delaware does not require tax payment for an adverse possession claim.
Color of Title Rules
Delaware has no shortened track for color of title; the 20-year period applies uniformly.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession (cannot be shared with the owner or other occupants)
- Continuous possession for 20 years with no absences
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Recent Law Changes in Delaware
No major legislative changes found in available research. As of 2025, Delaware had not enacted legislation comparable to Florida's HB 621 or similar criminal squatting statutes adopted elsewhere.
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 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, request assistance from law enforcement under Delaware's criminal trespass laws (11 Del. C. §§ 821-823)
- Summary possession proceeding: file a complaint for summary possession with the Justice of the Peace Court in the county where the property is located (25 Del. C. ch. 57)
- Attend the hearing, typically scheduled within about 15 days
- If successful, obtain a writ of possession and have the constable execute it to remove the occupants
- Ejectment action: for more complex cases where ownership itself is disputed, file an ejectment action in the Superior Court instead
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.
10 Del. C. § 8106 (limitations); adverse possession is otherwise governed by Delaware common law
View Official State Statute ↗Notable Delaware Adverse Possession Cases
Marvel v. Barley Mill Road Homes, Inc. (1954)
34 Del. Ch. 417, 104 A.2d 908 (Del. Ch. 1954)
Neighboring landowners in New Castle County disputed a small tract of stream and woodland along their shared boundary. The Court of Chancery held that the degree of 'actual possession' required depends on the character of the land, so use consistent with how an owner would ordinarily manage that type of terrain can be enough, and it awarded title to the claimants by adverse possession.
Tumulty v. Schreppler (2015)
132 A.3d 4 (Del. Ch. 2015)
A man found a roughly 15-acre landlocked, wooded and partly submerged parcel listed in tax records as having an 'unknown owner,' and began regularly visiting it and paying its taxes. In a 56-page opinion, the Court of Chancery held that because the land was too wet and remote for ordinary occupation, his periodic, recreational-style use was enough to satisfy the actual-possession element, awarding him title at what the court called the 'outermost fringes' of the doctrine.
Bogia v. Kleiner (2019)
2019 WL 3761647 (Del. Ch. Aug. 8, 2019)
Neighbors disputed a narrow strip of land beyond a rear property line that one side had enclosed with a fence and used for years. The Court of Chancery found the elements of adverse possession satisfied, explaining that exclusive possession requires only an appropriation of the land to the claimant's own use to the exclusion of others, and that maintaining a fence around the disputed strip was sufficient (even though a fence isn't strictly required) to show that exclusivity.
Steller v. David (1969)
257 A.2d 391 (Del. Super. 1969)
In an ejectment action over marshland in Blackbird Hundred, the sons of a prior occupant argued their father had already acquired the land by adverse possession before a 1946 deed conveyed it to the plaintiffs' family. The Superior Court examined a roughly 19-year gap in the family's assertion of the claim following a 1947 confrontation and reiterated that a valid adverse possession title cannot rest on possession that was interrupted rather than continuous for the full statutory period.
Frequently Asked Questions About Delaware Adverse Possession
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, one of the longest periods in the country. The commonly circulated '30-day squatter's rights' claim is false — no one gains ownership rights after just 30 days of occupation.
Does Delaware require payment of property taxes for adverse possession?
No. Delaware has no statutory requirement that a claimant pay property taxes to establish adverse possession, though evidence of tax payments can help support a claim of right. The core requirements remain 20 years of continuous, open, notorious, exclusive, and hostile possession.
What is "tacking" in Delaware adverse possession law?
Tacking lets a claimant combine their period of possession with a predecessor's, as long as there is privity between them (such as a sale or inheritance). For example, if one possessor adversely holds land for 15 years and then transfers their interest to a successor who continues for 5 more years, the successor can tack on the prior 15 years to reach Delaware's 20-year requirement.
Can I legally remove squatters from my property in Delaware?
Yes, but only through legal channels. For clear trespassing, you can call law enforcement under Delaware's criminal trespass statutes. Otherwise, you must file a summary possession action in the Justice of the Peace Court. "Self-help" measures like changing locks or cutting off utilities are illegal in Delaware and can expose the property owner to liability.
How does Delaware handle boundary disputes in adverse possession cases?
Many Delaware adverse possession cases, including Bogia v. Kleiner (2019) and Marvel v. Barley Mill Road Homes (1954), arise between neighbors over strips of land near a shared boundary. Courts look at how the disputed strip was actually used — a maintained fence line, for instance, can demonstrate the exclusive possession needed to satisfy the 20-year statutory period.
Are there any exceptions to the 20-year requirement in Delaware?
Yes. Delaware law provides tolling for certain property owners under a legal disability — such as being a minor, imprisoned, or of unsound mind — when the adverse possession period begins. Such an owner generally has an additional window of time after the disability ends to bring an action to recover the property, even if the underlying 20-year period has already run.
Can law enforcement forcibly remove a squatter in Delaware, or do I need to go to court?
Delaware police can generally intervene only in clear-cut cases of criminal trespass under 11 Del. C. §§ 821-823, meaning someone who unlawfully entered and has no claim of tenancy, lease, or prior permission to be there. If the occupant asserts any prior consent, a lease, or has been there long enough to appear like a tenant, officers will typically treat it as a civil landlord-tenant dispute and decline to remove the person on the spot. In that case, the owner must file a summary possession action with the Justice of the Peace Court (25 Del. C. ch. 57), attend a hearing (often within about 15 days), and have a constable execute the resulting writ of possession; disputes over title itself go through an ejectment action in Superior Court. As of mid-2026, Delaware has not enacted a dedicated 2024/2025 'squatter reform' or expedited police-removal statute like Florida's HB 621 or Georgia's HB 1017 — trespass removal and civil summary possession remain the two available tracks, and self-help evictions (lockouts, utility shutoffs) remain illegal.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.