What are squatters’ rights in Delaware?
In Delaware, a person may enter onto land only within 20 years after the person’s right or title first accrued, and may sue for land only if the person, an ancestor or a predecessor had actual possession of it within the 20 years before the action. A person who was an infant, mentally ill or imprisoned when the right first accrued may make the entry or bring the action within 10 years after the disability is removed, even if the 20 years have expired. Until that period has run, a person occupying property without permission has no claim to its title. This is 10 Del. C. §§ 7901, 7902, 7903.
| What | Delaware |
|---|---|
| Adverse possession period | 20 years |
Source
10 Del. C. §§ 7901, 7902, 7903
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on November 13, 2026.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Squatters’ Rights by State: Adverse Possession and Removal — How long adverse possession takes in 51 states, what the statutes require, and which states let law enforcement remove a squatter without an eviction case.
Compare this rule in every state
More Delaware rules
- How long does a landlord have to return a security deposit in Delaware?
- How much can a landlord charge for a security deposit in Delaware?
- How many days does a tenant get to pay late rent in Delaware?
- How much notice does a landlord have to give before entering in Delaware?
- How much notice does a landlord have to give before raising the rent in Delaware?
- How much notice must a landlord give to end a tenancy in Delaware?
- How much can a landlord charge for a late rent fee in Delaware?
- Is there a grace period for paying rent in Delaware?
- How much can a landlord charge for a rental application fee in Delaware?
- Can a landlord refuse a Section 8 voucher in Delaware?
- Can a landlord retaliate against a tenant for complaining in Delaware?
- Can a tenant repair and deduct from rent in Delaware?
- Can a tenant sublet in Delaware?
- What happens if a tenant breaks a lease in Delaware?
- Do contractors charge sales tax in Delaware?
- Every Delaware rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho