Thursday June 19, 2025
What are squatters?
A squatter is someone living on a property without permission from the owner. In Delaware, this typically happens when a home or building sits vacant for many years. While squatters don’t have ownership, they could eventually gain rights to the property through a legal process called adverse possession.This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
Squatters vs. trespassers
While both squatters and trespassers are on a property without permission, the difference comes down to how they occupy the space and what rights they may have. A trespasser enters unlawfully and temporarily, often in secret. A squatter stays longer, lives there openly, and may even believe they have a right to be there. In some cases, squatters can gain legal rights to the property over time through adverse possession, while trespassers don’t typically meet these requirements.What are squatters' rights in Delaware?
Delaware squatters’ rights refer to a legal concept called adverse possession. This means that someone who lives on a property — openly, continuously, and without the owner’s permission — could eventually gain legal ownership. To make a claim, the person must meet a very specific set of conditions over a 20-year period. This law exists to encourage Delaware board members, owners, and residents to make active use of their properties.Adverse possession
Adverse possession is the process by which squatters in Delaware could eventually claim ownership of a property. To qualify for adverse possession in Delaware, the person must meet five conditions:- Continuous possession: The squatter must occupy the property for 20 consecutive years.
- Hostile possession: The occupation must be without the owner’s permission.
- Open and notorious possession: The squatter must act in a way that makes their presence obvious to anyone, including the owner.
- Actual possession: The squatter must physically occupy and use the property, not just claim it on paper.
- Exclusive possession: The squatter can’t share the space with the owner or others.
How a squatter can claim a property
If a squatter meets all the legal requirements for adverse possession in Delaware, they may try to gain ownership through a legal process known as a quiet title action. After living on the property openly and without permission for at least 20 years, the squatter would typically begin gathering documentation to support their claim, such as utility bills, records of upkeep, or statements from neighbors. From there, they would file a quiet title lawsuit in Delaware court, asking a judge to formally recognize their claim. If the court determines that all the legal standards have been met, ownership of the property could be transferred. This process is complex and usually involves an attorney. For property owners, it’s a strong reminder to stay alert to any long-term, unauthorized use of their property.How to evict a squatter
Squatters’ rights in Delaware require owners to follow a formal legal process for eviction. “Self-help” methods like changing the locks or removing someone’s belongings can expose the owner to significant legal and financial risk.The process usually starts with a written notice asking the person to leave. If they don’t comply, the next step is often filing a summary possession action in court. If the court rules in the owner’s favor, a sheriff or constable will carry out the eviction. However, if the squatter claims they meet the requirements for adverse possession, the case may become more complex and shift into a quiet title dispute.
Owners who discover someone living on their property without permission should consult with qualified legal counsel as soon as possible. Acting early is the best way to avoid a long-term legal issue.
How to prevent squatters
The most effective way to avoid a squatter situation is to take early, proactive steps. Here are a few practical ways property owners can help protect their investment:- Visit the property regularly: Ongoing maintenance and visible activity can signal that the space is actively managed.
- Post “No Trespassing” signs and add basic security: Fencing, lighting, and cameras can discourage unauthorized entry.
- Stay connected with neighbors: Ask trusted contacts to keep an eye out and let you know if they see anything unusual.
- Use written agreements: If someone is staying on the property informally, even in the short term, a simple lease or occupancy agreement can help prevent misunderstandings.
- Know the law: Understanding your local regulations and consulting qualified professionals for complex issues like Delaware HOA laws can help you take the right steps.
How a property management company can help
A Delaware property management company can play a key role in protecting communities from issues related to Delaware squatters' rights. From routine checks to legal coordination, professional management can help boards and owners maintain control and minimize liability.Here’s how FirstService Residential can support your community:
- Routine inspections: Scheduling regular walk-throughs and documenting signs of unauthorized occupancy.
- Legal coordination: Working with your board’s legal counsel to respond quickly and appropriately to suspected squatters.
- Financial recordkeeping and reporting: Maintaining documentation to help support eviction filings and tax records.
- Vendor management: Our network of local vendors includes locksmiths, security, and cleanup teams that can help secure a vacant unit.