Escrow & TitleIntermediateDelaware Exam

What is 'title by adverse possession' and what does the claimant need to do to establish it officially in Delaware?

AOccupy the property for 20 years and it automatically transfers by operation of law
BFile a quiet title lawsuit in Superior Court to obtain a judicial decree establishing title after 20 years of qualifying possessionCorrect
CFile an affidavit with the county recorder after 20 years
DRegister the adverse possession claim with DNREC

Why File a quiet title lawsuit in Superior Court to obtain a judicial decree establishing title after 20 years of qualifying possession Is Correct

Answer B: File a quiet title lawsuit in Superior Court to obtain a judicial decree establishing title after 20 years of qualifying possession

After 20 years of qualifying adverse possession in Delaware, the claimant must file a quiet title action in Superior Court. The court will review the evidence and, if all elements are established, issue a decree vesting title in the adverse possessor.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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