Contact Us For A Consultation
302-644-7181 Lewes
302-697-4900 Camden

Residential real estate issues: Adverse possession

It is not always easy to discern where one property owner's land ends and another owner's begins. Perhaps a neighbor decided to sell his or her home, and it turns out that another Delaware homeowner built a garage on the property without realizing it. It was not until a survey was done as part of a residential real estate transaction that the mistake was discovered.

The owner selling the property may demand that the other remove or move the structure even though the garage may have been there for several years. The garage owner does not want to move it, and makes a claim for adverse possession. In order to make such a claim, certain elements must exist. The individual essentially trespassing on the other person's property does not have to be aware of it, but must be continuously occupying the land without sharing it with anyone else.

The person claiming adverse possession may be treating the land as it was his or her own and is not concealing that fact. As long as the owner of the property being encroached upon did not provide written permission to use it, there is a chance that it could become part of the property owned by the person using it. In that case, it may be necessary to change the deeds on both properties, along with the surveys.

It may not be easy to remove whatever structure takes up a part of another person's property. Moving a fence may not be terribly difficult, but something such as a garage could be. If a Delaware resident finds out that he or she has been using a portion of a neighbor's property without permission for an extended period of time, it may be necessary to make a claim for adverse possession. A residential real estate attorney could assist in determining the best way forward.

Source: FindLaw, "Adverse Possession: Continuous Trespassers' Rights", Accessed on July 2, 2017

No Comments

Leave a comment
Comment Information

What Our Clients Say About Us…

My wife and I would like to take this opportunity to highly recommend the legal practice of Bonnie Benson and her very professional staff… Bonnie and her staff are organized, engaged in the client's case and they communicate effectively.

Read More
Latest Blogs
Get The Help Now

Need Answers Now? Contact Us Immediately

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

your success. our commitment. elder counsel excellence in elder law  and special needs state bar delaware association

Camden Office
306 East Camden Wyoming Avenue
Camden, DE 19934

Phone: 302-697-4900
Fax: 302-697-4901
Camden Law Office Map

Lewes Office
33718 B Wescoats Road
Lewes, DE 19958

Phone: 302-644-7181
Fax: 302-644-7182
Lewes Law Office Map

We Accept visa mastercard discover network
Review Us