A long-running property dispute between neighbours in Newark, Delaware, has ended with a court ruling that gives homeowners legal ownership of a piece of land they had looked after for more than 20 years.
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they → run → years
According to legal documents published by Justia Law, the Delaware Court of Chancery issued a decision in an adverse possession case involving Plaintiffs Joseph W.C. Murray, Jr. and Danielle F. Murray and Defendants Nikola Preradovic, Rade Preradovic, and Zeljka Preradovic.
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Court → accord → Plaintiffs
The dispute involved a triangular piece of land along the boundary between two neighbouring homes in New Castle County.
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dispute → involve → County
The Murrays showed that they had openly, continuously, and exclusively used the enclosed rear part of the disputed land for more than the 20 years required under Delaware law.
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they → show → law
As a result, the court awarded them full legal ownership of that section.
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court → award → section
Decades of maintenance establishing continuous control
Court records show that the Murrays had looked after the fenced section of land for around 25 years.
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Murrays → establish → years
The family put up fences, maintained the garden, and regularly treated the rear area behind their home as part of their own yard.
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family → put → yard
Over the years, the Murrays placed several personal items inside the fenced area.
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Murrays → place → area
These included a stone retaining wall, garden features, a beehive, and a decorative statue.
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These → include → wall
Photographs and witness statements presented in court showed that these items had remained there over time.
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items → present → time
This helped confirm that the family had continued to control and use the rear yard without interruption.
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family → help → interruption
Under Delaware property laws, anyone claiming land through adverse possession must prove that their use of the property was open, visible, continuous, exclusive, and against the interests of the legal owner for at least 20 years.
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use → claim → years
The court explained that continuous use does not mean someone must be physically present every minute.
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someone → explain → ?
Instead, they must act like an owner in a way that suits the type of land involved.
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that → act → land
Failed negotiations and monetary demands
The legal dispute began after the Preradovic family bought the neighbouring property at 234 South Dilwyn in December 2022.
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family → begin → December
Soon after buying the property, the new owners noticed differences in the boundary lines after land surveys.
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owners → buy → surveys
They asked the Murrays to move or remove the existing fence.
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They → ask → fence
During the first discussions, both sides considered officially changing the property boundaries through New Castle County authorities.
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sides → consider → authorities
However, the talks broke down because they could not agree on the financial terms.
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they → break → terms
Court documents show that the new property owners asked the Murrays to pay $30,000 in exchange for signing a deed transfer that would allow them to keep the fenced land.
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them → show → land
The Murrays refused to pay and claimed they already had rights to the land because they had used it for many years.
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they → refuse → years
The disagreement then led to a formal case in the Court of Chancery.
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disagreement → lead → Chancery
At first, the Murrays asked the court to enforce what they said was an agreement to transfer the land.
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they → ask → land
In an earlier decision, Magistrate in Chancery Loren Mitchell found that the claimed sale agreement could not be legally enforced.
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agreement → find → Chancery
This was because both sides had not clearly agreed on the exact legal description of the property.
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sides → agree → property
The case then moved forward to a full review of the main adverse possession claim.
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case → move → claim
When reviewing the land and its layout, the Court of Chancery divided the disputed triangular area into three separate sections.
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Court → review → sections
These were the enclosed rear yard behind the fence, a stone planter area, and an unfenced grass lawn stretching towards the street.
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These → enclose → street
The court decided that the Murrays had met all the legal requirements for adverse possession of the rear section enclosed by the fence and retaining wall.
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Murrays → decide → fence
The ruling explained that the fence clearly showed that the family was treating the land as their own.
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family → explain → own
This would have been obvious to anyone who owned or lived on the neighbouring property.
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who → own → property
However, the court rejected the Murrays' claim to the front sections of the triangular plot.
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court → reject → plot
These included the planter area and the front grass strip beside the road.
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These → include → road
The court found that the family had not maintained these areas regularly.
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family → find → areas
There were periods when the grass became overgrown, and other people also had access to the space.
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people → be → space
The judge ruled that regularly cutting grass along an unfenced front boundary was not enough to prove exclusive control against the legal owner.
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cutting → rule → owner
Such activity did not meet the legal standard needed to take ownership away from someone who already held the deed.
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who → meet → deed
As a result, the court officially awarded the Murrays ownership of the enclosed rear yard.
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court → award → yard
However, the Preradovic family kept legal ownership of the outer front lawn.
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family → keep → lawn