Full question:
I received a letter from a lawyer of a property owner stating I am encroaching on his property behind my house what it looks like from the enclosed map 20 ft onto his property with my fence and shed. I have been living here for 20 years and bought the house with the shed and fence in the location its in now. The lawyer wants me to sign this legal letter stating I acknowledge my encroachment and move my sheds. I don't feel I am on any one's land nor have I ever had anyone come to me saying it was their land nor when I bought the house there was anything telling me where my property line was. The back of my house is an outlet for the sewage system and I always thought this land was owned by the county. What can I do to protect myself? I don't think I should move my sheds and fence. Can I claim this land? Do I have any rights here?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Delaware
Answer:
You may have options to protect yourself, such as filing a quiet title claim in court for adverse possession of the land, given that you have occupied it for twenty years. This legal action can help establish your ownership rights. Alternatively, you might negotiate an easement agreement, which allows you to continue using the land under certain conditions.
A quiet title action determines land ownership and boundaries. It can also seek an injunction to prevent the property owner from forcing you to remove your structures. If the court finds in your favor, you may be awarded the fair value of the property instead of being required to remove your fence and shed.
For an adverse possession claim, you must demonstrate that your possession was open, hostile, exclusive, uninterrupted, and under a claim of right. This typically requires you to have paid property taxes and made improvements to the land. In Delaware, the required period for adverse possession is twenty years (10 Del. C. § 7902).
Keep in mind that the actual owner can challenge your claim, but they must act within a limited timeframe. Sending you a note granting permission to use the land may suffice to stop your claim.
Consider consulting a real estate attorney to discuss your situation and explore your options further.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.