A Delaware couple who spent more than two decades looking after a piece of land beside their home have won a court battle against neighbours who wanted them to pay $30,000 or move their fence.
asserted
them → spend → fence
According to the
judgment, Joseph W C Murray Jr and his wife Danielle, residents of Newark since 1998, faced the demand after a survey revealed that their backyard fence extended into the neighbouring property.
uncertain
fence → accord → property
On Friday, the Delaware Court of Chancery ruled that the couple had gained ownership of the disputed land through adverse possession, including a garden area that was not enclosed by the fence.
asserted
that → rule → fence
The disagreement began when Rade and Zeljka Preradovic purchased the neighbouring house with their son Nikola in December 2022.
asserted
Preradovic → begin → December
Before the sale, a property survey identified that the wooden fence separating the two homes crossed into the Preradovics' land by nearly nine feet at one point.
asserted
fence → identify → point
The Murrays had bought their house on Pinedale Road in December 1998.
asserted
Murrays → buy → December
At the time, the fence was already standing, along with a stone retaining wall and a raised garden planter.
asserted
fence → stand → wall
Over the years, they continued looking after the space, replacing sections of fencing, maintaining plants and hiring workers to cut the grass.
asserted
they → continue → grass
The problem arose when the new neighbours questioned their right to use the area.
asserted
neighbours → arise → area
Although the fence had stood in roughly the same position for decades, the survey showed that the official property boundary ran elsewhere.
asserted
boundary → stand → decades
The disagreement eventually reached court after attempts to settle it failed.
asserted
attempts → reach → it
Neighbours offer land for $30,000
Shortly after buying the house, the Preradovics informed the Murrays that their fence extended beyond the legal boundary.
asserted
fence → offer → boundary
They gave the couple three options: pay $30,000 to buy the disputed land, shift the fence to the correct boundary or remove it.
asserted
They → give → it
The Murrays refused to accept those terms.
asserted
Murrays → refuse → terms
They maintained that the fence had been there for more than 20 years and that they had used the land as part of their home throughout that period.
asserted
they → maintain → period
In January 2023, they proposed paying for a survey and the necessary paperwork to change the boundary.
asserted
they → propose → boundary
Alternatively, they offered $3,000 for a permanent legal right to continue using the land.
asserted
they → offer → land
The neighbours rejected those proposals but remained willing to discuss a sale.
asserted
neighbours → reject → sale
By March, they had reduced their asking price to $10,000.
asserted
they → reduce → 10,000
They also offered to rent the land to the Murrays for $1,500 a year.
asserted
They → offer → 1,500
The Murrays were prepared to consider the $10,000 purchase, although they wanted the cost of changing the property documents to be shared.
asserted
cost → prepare → documents
The discussions did not produce a lasting agreement.
asserted
discussions → produce → agreement
In June 2023, the couple approached the Delaware Court of Chancery, asking it to recognise their rights over the land.
asserted
couple → approach → land
How couple had used the land for decades
The court examined how the disputed area had been used long before the Preradovics bought their house.
asserted
Preradovics → use → house
The previous owners of the Murrays' property, the Burkerts, had lived there from 1980 until 1998.
asserted
owners → live → 1998
During that period, they replaced an older post-and-rail fence with a wooden privacy fence.
asserted
they → replace → fence
The raised planter was already present when they purchased the property.
asserted
they → raise → property
After moving in, the Murrays continued using the enclosed space as their backyard.
asserted
Murrays → move → backyard
Danielle maintained flower beds and other plants, while Joseph cut the grass, removed unwanted bamboo and trimmed trees.
asserted
Joseph → maintain → trees
The couple also made improvements over the years.
asserted
couple → make → years
Parts of the fence were replaced in 2007, and further repairs were carried out in 2022.
asserted
repairs → replace → 2022
From May 2007, they paid a landscaper to maintain their yard.
uncertain
they → pay → yard
His work included cutting the grass beside the planter and keeping vegetation under control.
asserted
work → include → control
However, the planter itself stood beyond the fence.
asserted
planter → stand → fence
This became an important issue because the court had to decide whether the couple's long-term use extended to that open section as well.
asserted
use → become → section
Earlier decision excluded the garden planter
The dispute was heard at trial in October last year.
asserted
dispute → exclude → October
A Magistrate Judge later concluded that the Murrays had established ownership of the land enclosed by their fence.
asserted
Murrays → conclude → fence
The decision did not extend to the raised planter or the narrow grass strip beside the sidewalk.
asserted
decision → extend → sidewalk
The Magistrate found that the couple's maintenance of those areas had not been sufficient to establish ownership.
asserted
maintenance → find → ownership
Neither side accepted the outcome.
asserted
side → accept → outcome
…and 11 more, not listed.
The Aporia
