What is required to prove adverse possession in Delaware?

To establish a claim for adverse possession in Delaware, the possession of the property must meet several key criteria, among which being open, continuous, and exclusive is fundamental.

Open possession means that the occupation of the property is visible to others, providing notice to the legal owner that someone is asserting rights over the property. Continuous possession refers to the need for the claimant to occupy the property without interruption for the statutory period. Exclusive possession indicates that the claimant is the only one using the property in a manner that is consistent with ownership. These elements combined help to demonstrate that the adverse possessor is treating the property as if they own it, contrary to the rights of the actual owner.

Other options do not correctly represent the requirements for adverse possession. For instance, possessing the property with permission from the owner negates the concept of adverse possession, as it must be against the owner's will. The requirement of a minimum possession duration in Delaware is actually 20 years, not just one year. Additionally, the property does not need to be registered with the county for adverse possession claims; instead, it relies on the nature of the possession itself for legitimacy. Therefore, the criteria of being open, continuous, and exclusive aptly captures the essence of claiming adverse possession in Delaware.