Squatters’ rights and adverse possession in Delaware can quickly cause problems for landlords. For instance, someone could move into a vacant Wilmington duplex, change the locks, and claim they have the right to stay, leading to months of lost rental income and a costly eviction.
As stressful as this sounds, landlords can easily defend themselves against squatters by staying informed. Keep reading to learn how Delaware defines squatters, adverse possession timelines, and more.
What is a squatter?
A squatter occupies a property without the owner’s permission or a valid lease agreement, even if they mistakenly believe they have the right to be on the property. Squatters differ from tenants because there is no written or verbal rental contract, and they do not pay rent.
For example, a squatter might notice that a duplex is empty between tenants, move in, and treat it as their home. This person qualifies as a squatter because they have no lease, pay no rent, and refuse all of the owner’s requests to leave.
Key Differences Between Squatters and Trespassers
Knowing the difference between squatters and trespassers matters because each requires a different removal strategy.
Squatters
- Move into a property and stay long-term without the owner’s permission or a lease agreement
- Attempt to establish the right to long-term occupancy or property ownership
- Landlords can only remove them via the eviction process
Trespassers
- Enter a property without permission and usually leave quickly
- Do not attempt to claim long-term occupancy or ownership
- Law enforcement officers can often remove them on the spot
Essentially, squatters occupy property for an extended period and seek to gain rights, while trespassers enter briefly without intent to stay. Law enforcement can remove trespassers right away, but squatters require an eviction.
What are squatters’ rights?
Squatters’ rights in Delaware describe the limited legal protections that may apply when someone occupies property without permission for a long period. These rights develop from adverse possession laws rather than landlord-tenant laws.
In Delaware, squatters’ rights mean landlords must pursue a court-ordered eviction to remove unauthorized occupants. If a landlord discovers a squatter living on their property, they’ll need to act quickly to prevent delays and regain possession of the property as soon as possible.
Can a squatter actually claim legal rights to a property?
Even though it may sound unfathomable, squatters can gain legal title to a property in Delaware through adverse possession. The process requires strict proof and years of occupancy, though, so proper preparation and prompt action can help you prevent squatters from developing these claims.
Adverse Possession Laws in Delaware
A squatter can legally gain ownership of a property through adverse possession in Delaware. To succeed, squatters have to meet a series of strict conditions. This makes adverse possession claims difficult, but not impossible, as long as the squatter can prove that their residence is:
Actual: The squatter must physically use the property as an owner would, such as by living in the home, maintaining it, or making repairs, rather than just visiting occasionally.
Open and notorious: The squatter cannot attempt to hide their residency. They must live on the property obviously enough that the original owner could reasonably notice and take action.
Hostile: The squatter must live on the property without the owner’s consent and in a manner that is hostile to the owner’s property rights.
Exclusive: The squatter must live on the property alone and cannot share possession with the original owner, other squatters, or tenants.
Uninterrupted: In Delaware, the squatter must live on the property for at least 20 continuous years with no absences to claim adverse possession.
Supporting law: 10 Del. C. § 7901
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Delaware, a squatter must occupy a property continuously for 20 years. If they leave for any reason, including a lengthy absence or a successful eviction, the timer resets, regardless of how long the squatter had previously stayed there.
For example, a squatter who lives in a Newark apartment for 10 years, then leaves for several months before returning, would not have a valid claim of adverse possession under Delaware law.
Supporting law: 10 Del. C. § 7901
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to transfer ownership but is legally defective. Imagine someone receiving an incorrectly recorded deed after a fraudulent sale and believing it grants them ownership.
Delaware does not require squatters to hold color of title to claim adverse possession, nor does color of title reduce the 20-year occupancy time requirement. However, a squatter can use a color of title document to support an existing adverse possession claim.
Supporting law: 10 Del. C. § 7901
Does the squatter have to pay property taxes for adverse possession in Delaware?
In many states, squatters must pay property taxes to claim adverse possession of a property. Delaware is not one of them, and paying property taxes also does not shorten the occupancy time requirement.
Similar to having color of title, squatters may present property tax payment records as evidence of long-term occupancy of a property. Landlords should stay current on all property tax payments to prevent ownership disputes and avoid outcomes such as liens and foreclosures.
Supporting law: 10 Del. C. § 7901
How to Legally Remove Squatters from Your Property
Removing a squatter from a vacant Delaware property requires landlords to follow specific legal steps. Here’s what you’ll have to do if you discover an unauthorized occupant:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Ideally, you can negotiate with the squatter if you feel safe to do so. You could offer a cash-for-keys agreement, negotiate a specific move-out date, or provide relocation assistance to encourage the squatter to leave voluntarily, avoiding a drawn-out, stressful eviction in court.
Important: You should never attempt to force a squatter to leave by changing the locks or turning off utilities. These actions qualify as self-help eviction methods, which are illegal in all 50 states and could result in fines, criminal charges, or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
You can also ask local law enforcement to visit your property and speak with the occupant. Officers may determine that the person is a trespasser rather than a squatter, and if so, they can generally remove them on the spot without the need for an eviction.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If law enforcement cannot remove the squatter, you must proceed with eviction as if they were a tenant. The process begins by serving the squatter with a 5-Day Notice to Quit, which formally demands that they leave your property within 5 days or face court action.
Step 4: File a Complaint for Summary Possession Against the Squatter
If the notice deadline passes and the squatter doesn’t leave, file a Complaint for Summary Possession in the Delaware Justice of the Peace Court where your rental is located. This filing formally starts the Delaware eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
During your hearing, you’ll need to present clear evidence of the unlawful occupancy and your rightful ownership to strengthen your case before the judge. Common documentation includes:
- Proof of property ownership, such as a deed recorded in your name
- Photos or videos of the squatter’s presence on your property
- Written notices or police reports documenting prior removal attempts
- Witness statements from neighbors or contractors
The squatter will also have the opportunity to present evidence in their favor, such as a color of title, proof of long-term occupancy, or property tax payments. However, weak evidence or shorter occupancy periods usually fail to meet Delaware’s rigorous adverse possession standards.
Step 6: Obtain a Writ of Possession Authorizing Removal of the Squatter
If the judge rules for you, the Justice of the Peace Court will issue an Order for Possession, which gives the squatter 10 days to leave your property voluntarily, after which you can request a Writ of Possession. This second document requires the squatter to leave within 24 hours.
The sheriff or constable will serve or post the Writ at the property and record proof of service. The squatter can appeal the eviction decision within 5 days of judgment, so you should closely monitor the proceedings during this time period to prevent further delays.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Possession in hand, law enforcement can physically remove the squatter from your property. If the squatter leaves behind any personal items when they leave, Delaware law requires you to store them for at least 7 days and notify the squatter before disposal.
Once the squatter leaves, secure your property immediately by changing the locks and scheduling regular inspections to avoid costly, stressful repeat situations.
Now that you know how to remove a squatter, let’s go over some practical tips for preventing squatters from occupying your property.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to keep them out of your property in the first place. Proactive oversight and fast responses dramatically reduce the risk of squatters.
Inspect the property regularly: Visit your vacant properties frequently so you can spot signs of unauthorized entry. Visible, active oversight discourages long stays and helps landlords act before squatters establish occupancy.
Install security cameras: Post visible, functioning security cameras to deter unauthorized entry and record footage that can serve as evidence in a court case.
Act quickly against trespassers: Contact law enforcement as soon as you notice an unauthorized occupant on your property. Any delays can strengthen the squatter’s position, making removal more difficult.
Secure all entry points: Lock all doors and windows, secure secondary access points, and promptly repair any damaged hardware to keep unauthorized occupants out, since squatters often target properties that appear easy to access.
Maintain the property: Take care of your property by mowing the lawns and collecting mail frequently. This signals active ownership, reducing the chance of unwanted occupants moving in.
Fill vacancies quickly: Since vacant properties often attract squatters, advertise your rental property using tools like TurboTenant to minimize downtime between paying tenants.
Screen future tenants thoroughly: Strong tenant screening, using a platform like TurboTenant, lets you verify a renter’s income, identity, and rental history before they move in, reducing the risk of eviction.
Digital Tools to Help Landlords Thwart Squatters
Property owners can manage squatters’ rights and adverse possession in Delaware by staying informed, acting early, and using proven strategies to prevent unauthorized occupancy.
Reliable property management software, such as TurboTenant, helps landlords track vacancies, screen tenants, and respond quickly to unauthorized occupancy before ownership disputes can escalate.
Create your free account today to streamline property management and ensure consistent oversight with TurboTenant.
FAQs: Squatters’ Rights & Adverse Possession Laws in Delaware
How long does it take a squatter to claim property rights in Delaware?
In Delaware, a squatter must occupy a property for at least 20 continuous years to pursue an adverse possession claim. Their residency must also be open, hostile, exclusive, and actual. Any interruption, abandonment, or successful eviction resets the timer, making successful claims extremely rare.
Can landlords remove squatters legally without taking legal action?
Sometimes. If law enforcement determines that the occupant is a trespasser with no claims of long-term residency, officers may remove them immediately. Once a squatter establishes long-term occupancy, however, landlords must follow Delaware’s formal eviction process and obtain a Writ of Possession for removal.
What’s the difference between a squatter and a holdover tenant?
A squatter never obtains permission or a lease to occupy a property. On the other hand, a holdover tenant originally rented a property under a valid lease but continues to occupy it after the lease has expired. Holdover tenants retain limited tenant rights, while squatters do not.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities, changing the locks, or otherwise forcing someone out of a property constitutes illegal self-help eviction in Delaware. These actions can lead to fines, delays, or dismissal of an eviction case, so landlords must always pursue a formal eviction to legally remove a squatter.