Property Line Laws in Delaware

Delaware property line laws benefit from the state's small size and just three counties, making property records relatively consolidated and accessible. With a 20-year adverse possession period, the state strongly favors record title holders. Coastal properties along Delaware Bay and the Atlantic face unique boundary issues related to shifting shorelines and tidal boundaries.

Fence Laws in Delaware

Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In Delaware, understanding these rules can prevent costly disputes with neighbors.

General Fence Law

Delaware follows: closed range statewide

Delaware is a closed-range state. Livestock owners must keep animals contained. Delaware's fence statutes (Del. Code tit. 25, ch. 15) provide that adjoining landowners share the obligation to build and maintain partition fences, with each owner responsible for their assigned portion.

Notification Requirements

Delaware's fence statutes allow a landowner to request that the other adjoining owner maintain their portion of a shared fence. Formal demand may be required before seeking legal remedies.

Spite Fence Rules

Delaware does not have a specific spite fence statute. Courts may apply nuisance principles to fences erected with malicious intent.

Adverse Possession in Delaware

Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.

Statute of Limitations: 20 years in Delaware

Requirements for an Adverse Possession Claim

Claimant must demonstrate actual, open, notorious, continuous, hostile, and exclusive possession for 20 years. Delaware's relatively long period reflects strong protection of record title holders.

If you are a property owner in Delaware, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.

Timber Trespass Laws in Delaware

Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. Delaware law provides significant penalties to deter this behavior and compensate affected property owners.

Penalty: treble damages

Statute Reference

Del. Code tit. 25, § 1401 provides for treble damages for unlawful cutting of timber on another person's land.

To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.

Resolving Boundary Disputes in Delaware

Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. Delaware offers several paths to resolve these disagreements.

Resolution Options

Boundary disputes are resolved through the Court of Chancery or Superior Court. Delaware's Court of Chancery has significant equity jurisdiction over property disputes. Surveys and historical deed records are key evidence.

Quiet Title Actions

Quiet title actions may be filed in the Court of Chancery or Superior Court. Delaware's small size and only three counties make title searches relatively straightforward compared to larger states.

The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.

Property Easements in Delaware

An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.

Common Easement Types

Common easements include utility easements, drainage easements, beach access easements, and agricultural access easements. Coastal properties frequently involve tidal and riparian easements.

Prescriptive Easements

Prescriptive Easement Period: 20 years in Delaware

A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.

How to Determine Your Property Boundaries

Knowing your exact property lines is the foundation of protecting your rights under Delaware law. Here are the most common ways to determine where your boundaries are:

Check county records — Delaware has 3 counties, many of which provide online GIS or parcel viewer tools where you can look up property boundaries by address.
Review your deed — Your property deed contains a legal description of your land with metes and bounds measurements or lot and block references.
Look for physical markers — Iron pins, concrete monuments, or survey stakes may mark your boundary corners from a previous survey.
Hire a licensed surveyor — The Delaware Association of Professional Engineers and Land Surveyors (licensing through the Division of Professional Regulation) regulates land surveyors in Delaware. A professional survey provides a legally binding boundary determination.
Use ParcelVision AR — See your property lines overlaid on the real world through your iPhone camera for an instant visual understanding of your boundaries.

Visualize Your Boundaries Instantly

Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in Delaware and walk your boundaries in minutes.

Download ParcelVision — $14.99/Property

Frequently Asked Questions

How long does adverse possession take in Delaware?

Delaware requires 20 years of actual, open, notorious, continuous, hostile, and exclusive possession, making it one of the longer periods in the Mid-Atlantic region.

What are the fence laws in Delaware?

Delaware is a closed-range state where livestock must be contained. Adjoining landowners share the responsibility for building and maintaining partition fences, with each owner assigned a specific portion.

How do I resolve a boundary dispute in Delaware?

Hire a licensed surveyor to establish the legal boundary. If the dispute persists, you can file an action in the Court of Chancery or Superior Court. Delaware's Court of Chancery has extensive jurisdiction over property disputes.