Delaware couple maintained a fence and garden 9 feet into their neighbour’s land for over 20 years; when new neighbours demanded $30,000 or its removal, the court ruled the strip now belongs to the couple

A property dispute in Newark, Delaware has been settled in favour of a couple who have spent over 20 years maintaining land well beyond their official boundary. Their fence ran nearly nine feet into the adjoining property but the court has now ruled that that strip of land is theirs.

The case arose when the new neighbours came upon the boundary dispute and demanded $30k or the fence coming down. After a protracted legal battle, the Delaware Court of Chancery was ultimately in favour of the couple, holding that their use of the land for many years was sufficient to satisfy the requirements of adverse possession under the law.

How did the dispute over the nine-foot fence begin

Joseph W. C. Murray Jr. and his wife Danielle bought their home on Pinedale Road in December 1998. They stated that the fence and all the other garden features were already there when they moved in. For a number of years they regarded the enclosed area and the garden next door as their own.

The dispute arose in December 2022 when Rade and Zeljka Preradovic and their son Nikola purchased the house next door. A survey carried out prior to the sale revealed that the Murrays' fence was almost 9 feet across the boundary at its widest point.

The Preradovics gave them three options: pay $30k for the land, move the fence to the surveyed line or remove it. The Murrays flatly refused the demands and stated they'd been looking after that area for over 20 years.

They then offered to buy the strip or secure the permanent rights to use it for less than the original asking price. The Preradovics eventually brought their offer down to $10k and proposed an annual rent of $1,500. Neither of those proposals resulted in an agreement.

The Murrays went to the Delaware Court of Chancery in June 2023.

Why did the court award the land to the Murrays?

The court considered how the disputed area had been used over the years. The Murrays and the prior owners (the Burkerts) had both held the land for over 40 years. Their work involved landscaping, replacing some of the fencing and looking after the raised garden planter and retaining wall. Both of those features were already there prior to the Murrays moving in.

An earlier magistrate had allowed the couple's claim to the fenced area but had excluded the planter and a narrow strip of grass. Both parties appealed that decision and the matter came before Chancellor Kathaleen McCormick.

Having personally looked at the properties, we found that the fence, planter and landscaping were all part of the Murray's home as one connected unit.

A ruling based on long-term possession

The court found that the couple had used the property in an open, continuous and exclusive manner without the permission of the legal owners. That met Delaware's 20 year requirement for adverse possession. The order covers the whole of the disputed strip, including the garden area outside the fence. The case is now back with the magistrate to determine the precise boundaries and to arrange the transfer of the title.