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Real property

adjoining landowners

Adjoining landowners are owners of land with common boundaries, and have mutual rights, duties, and obligations related to their adjoining pieces of land.

In Delaware, adjoining landowners, also known as adjacent property owners, have certain rights and responsibilities concerning their shared property boundaries. These rights and duties often pertain to boundary disputes, maintenance of boundary lines, fences, and shared resources like trees or driveways. Delaware follows the common law principle that landowners must use their property without infringing on the rights of neighboring property owners. For instance, Delaware's laws on boundary fences (Title 25, Chapter 13 of the Delaware Code) require that adjoining landowners share the responsibility for maintaining boundary fences unless an agreement states otherwise. Additionally, when it comes to trees on boundary lines, both landowners typically have rights to the tree and must consent to its removal or alteration. If disputes arise, landowners are encouraged to resolve them amicably or through mediation, but they may also seek a legal determination through the courts. It is important for landowners to be aware of local ordinances and state statutes that may affect their rights and obligations, and they may wish to consult with an attorney for specific legal advice or to resolve disputes.

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Real property

adjoining landowners

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Real property

adjoining landowners

Articles