TITLE 10

Courts and Judicial Procedure

Limitation of Actions

CHAPTER 79. REAL ACTIONS


No person shall make an entry into any lands, tenements, or hereditaments, but within 20 years next after the person's right or title to the same first descended or accrued.

Code 1852, § 2733; Code 1915, § 4662; Code 1935, § 5120; 10 Del. C. 1953, § 7901; 70 Del. Laws, c. 186, § 1.;

No person shall have, or maintain any writ of right, or action, real, personal, or mixed, for, or make any prescription, or claim, to, or in, any lands, tenements, or hereditaments, of the seisin, or possession of the person, the person's ancestor, or predecessor, and declare, or allege, in any manner whatever, any further seisin of the person, the person's ancestor, or predecessor, but only an actual seisin of the person, the person's ancestor, or predecessor, of the premises sued for, or claimed, within 20 years next before such writ, or action.

Code 1852, § 2734; Code 1915, § 4663; Code 1935, § 5121; 10 Del. C. 1953, § 7902; 70 Del. Laws, c. 186, § 1.;

If at any time when a right of entry upon, or action for any lands or tenements first accrues, the person entitled to such entry, or action, is an infant, or mentally ill, or imprisoned, such person, or anyone claiming from, by, or under such person, may make the entry, or bring the action, at any time within 10 years after such disability is removed, notwithstanding the 20 years specified in §§ 7901 and 7902 of this title as limited in that behalf has expired.

Code 1852, § 2735; Code 1915, § 4664; Code 1935, § 5122; 10 Del. C. 1953, § 7903; 49 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1.;

If the person entitled to an entry or action dies under any of the disabilities specified in this chapter, any other person claiming from, by, or under such person, shall have the same benefit which the person first entitled would have had, by living until the removal of the disability.

Code 1852, § 2736; Code 1915, § 4665; Code 1935, § 5123; 10 Del. C. 1953, § 7904; 70 Del. Laws, c. 186, § 1.;