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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3751
Experience:  Experienced real estate lawyer and real estate broker.
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Need a lawyer familiar with Delaware State law. In our beach

Customer Question

Need a lawyer familiar with Delaware State law.
In our beach community a mile north of Bethany Beach DE, address 19930, our next door neighbor wants to close a path that runs parallel to the ocean front dune across a number of ocean front properties. This pathway has been used amicably for years. It enables us to reach the boardwalk entrances perpendicular to the beach which are owned by the community without using the street parallel to the ocean.
The individual who plans to close the pathway cites some very early surveys she has found showing her ownership up to he dune and her desire to let the dune (already fenced off and planted with beach grass) grow more naturally. In this case she does not want a particular plant trimmed.
Many thanks,
Grace H. Carter (*****@******.***)
PS The name of the community is Ocean Village.
Isn't there a law that says if a footpath used for a certain number of years has not been claimed, it becomes permanent?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 2 years ago.
Yes, what you are talking about is adverse possession, and it would apply here, under Delaware law, if the path has been used by the public for 10 years or more. Then the public has the right to continue to use the path.