Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.

If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.

Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.

Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.

In Delaware, adverse possession laws are codified in Title 10, Chapter 79 of the Delaware Code. To claim ownership of property through adverse possession in Delaware, the occupier must possess the property continuously for a period of 20 years. The possession must be actual, open, notorious, exclusive, and hostile, meaning without the permission of the original owner. The use must be such that it would give the owner a reasonable notice of the adverse claim. The doctrine of adverse possession in Delaware is intended to encourage the productive use of land and to provide stability in land ownership. If someone successfully claims adverse possession, they can potentially acquire legal title to the property, which may result in changes to the boundary lines. It is important to note that adverse possession claims can be complex and typically require the involvement of an attorney to navigate the legal process and to potentially litigate the claim in court.