Property Ownership
What is 'actual possession' in the context of adverse possession in Delaware?
ABeing listed as the owner in the county tax records
BPhysically occupying and using the land in a manner consistent with its character✓ Correct
CHaving an actual (not constructive) title to the land
DPossessing the deed to the property
Explanation
Actual possession requires the adverse possessor to physically occupy and use the land — clearing, fencing, cultivating, or otherwise using it — in a manner consistent with what the typical owner would do with that type of land.
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Key Terms to Know
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.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
EasementA non-possessory right to use another person's land for a specific purpose.
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