Secondly, for anyone to claim a right to a property under Delaware’s adverse possession law, they must meet specific requirements. These requirements include occupancy of the property for at least ten years, possession must be actual, open and notorious, continuous and uninterrupted, hostile, under claim or right or title, and exclusive. Actual possession means that the squatter must have physical control over the property, such as fencing or cultivating it. Open and notorious possession means that the possession is out in the open, and the public, as well as the property owner, is aware of it.
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The Evolution of Squatters.docx
1. The Evolution of Squatters' Rights in Delaware
Secondly, for anyone to claim a right to a property under Delaware’s adverse possession law,
they must meet specific requirements. These requirements include occupancy of the property
for at least ten years, possession must be actual, open and notorious, continuous and
uninterrupted, hostile, under claim or right or title, and exclusive. Actual possession means that
the squatter must have physical control over the property, such as fencing or cultivating it.
Open and notorious possession means that the possession is out in the open, and the public, as
well as the property owner, is aware of it.
The squatter must have uninterrupted control over the property without the property owner’s
consent for continuous and uninterrupted possession to be valid.Thirdly, hostility is an essential
concept in squatters’ rights in Delaware. Unlike how the term might suggest, hostility here
refers to the intent to take over the property. In other words, the squatter must enter the
property without the owner’s consent and with the intention of taking over the property.
Under claim or right means that the squatter believes he has the right to the property, and he
openly states his claim. The squatter must have exclusive possession of the property, in that no
one else has access to it except for the squatter.
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