This will likely be challenged and go to the State Supreme Court.
The article is lacking some vital information and background.
Delaware code is written with a pretty high standard of proof, to prevent this type of thing. To be able to claim adverse possession, several levels of proof must be met and proven, beyond the 20 years of occupation.
The claims must prove that the ownership was “open, notorious and hostile.”
If the “Owner” did nothing to protect his lands...; even something as simple as placing No Trespassing Signs, would have helped his claim. If he made no attempts to run the other person off “His” lands..., even again, something as simple as a conversation; “you do know that your goat pen is on my property, right!?!?”, would have protected his claim.
More drastic measures notwithstanding, there are many things that would have protected him. Likely the judge took this as a forfeiture of the ground.
But as I stated, this will be challenged.
In 18 years of being a Professional Land Surveyor, and nearly the same working for the DOT, 11 of which and currently, I do Right-of-Way research, I have only seen one or two other cases where an Adverse Possession claim was allowed, by the courts.
I am very curious and want to know more. Very likely, this will be a topic for the water cooler, today in the office.
Edit after rereading the post, it was a Superior Court Judge who made the determination, and Banks does not plan to appeal.
“In 18 years of being a Professional Land Surveyor, and nearly the same working for the DOT”
GREAT to have you guys here!
It will not be challenged...and banks said he will not go after it. Don’t forget, we’re talking about 1 piece 170’ x 170’ or 2/3 acre. I doubt the “vacant” value is $125,000.