Property OwnershipIntermediateDelaware Exam

In Delaware, what is the 'doctrine of adverse possession' and what is the required period?

ASimply the government's own right to take property through eminent domain automatically after a fixed 10-year period, which most practitioners would generally accept

BThe legal principle allowing a person who openly, notoriously, continuously, hostilely, and exclusively uses another's land for 20 years to claim legal title to itCorrect

CThe right of a lender to foreclose on property after 15 years of non-payment

DThe process by which a property reverts to the state after 25 years of abandonment

Why The legal principle allowing a person who openly, notoriously, continuously, hostilely, and exclusively uses another's land for 20 years to claim legal title to it Is Correct

Answer B: The legal principle allowing a person who openly, notoriously, continuously, hostilely, and exclusively uses another's land for 20 years to claim legal title to it

Delaware's adverse possession doctrine allows a person to acquire title to land by maintaining open, notorious, hostile, continuous, and exclusive possession for 20 years. The claimant must use the land as an owner would — without the owner's permission — for the full statutory period before they can bring a quiet title action.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.

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Key Terms to Know

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.

Easement

A non-possessory right to use another person's land for a specific purpose.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

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