Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 1105
Effect of commission’s return; savings provision
If suit is not brought within 7 years from the return to controvert the decision of the commissioners, or in which the accuracy of the bounds or lines fixed by them is questioned, the record of the return shall be conclusive evidence of the original location of the land, and of the lines and boundaries. If the return shall, in any such suit, be confirmed in any particular by the verdict of a jury, it shall be conclusive to that extent, as between the same parties and those claiming under them, or any of them; saving to infants, and persons mentally ill, imprisoned, or beyond sea, and those claiming under them, the right to bring any such suit, within 5 years from the removal of their disability. The term of 7 years shall not begin to run against any person while that person is in possession of the land in controversy.
Amendment history
49 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1
Source: view the official text
In this title (40 sections)
- 25-747 · Partition of several tracts where some parties hold interest…
- 25-748 · Power of commissioners to make return of partition of part of…
- 25-749 · Certified copy of record as evidence
- 25-750 · Limitation of appeals
- 25-751 · Powers of Court of Chancery
- 25-901 · Liability in actions for waste
- 25-902 · Liability of an assignee and tenant in possession
- 25-903 · Liability of husband or assignee of tenant
- 25-904 · Liability of cotenants
- 25-905 · Actions by heirs
- 25-906 · Accidental fire in house not waste
- 25-907 · Service of writ; judgment by default
- 25-908 · Procedure upon death of either party
- 25-909 · Judgment
- 25-910 · Writ of estrepement
- 25-911 · Injunction or writ of estrepement upon petition of lienholder
- 25-1101 · Unauthorized removal of landmarks and marking of boundary…
- 25-1102 · Perpetuating testimony of boundaries
- 25-1103 · Marking and bounding lands; procedure
- 25-1104 · Notice of commission meeting; powers of commission; recording…
- 25-1105 · Effect of commission’s return; savings provision
- 25-1106 · Boundaries fixed by agreement of parties
- 25-1107 · Right of holders of separate parts of tract or of younger…
- 25-1108 · Fees of commissioners, surveyors, chain carriers and witnesses
- 25-1301 · Lawful fences; height; barbed wire
- 25-1302 · Liability for trespasses; fence-viewers to assess damages
- 25-1303 · Fence-viewers; appointment; powers; quorum; compensation
- 25-1304 · Maintenance of partition fences; liability for enclosure of…
- 25-1305 · Judgment of fence-viewers; enforcement and penalty for…
- 25-1306 · Division ditches and fences; remedy for neglect to maintain;…
- 25-1307 · Recovery of awards by fence-viewers
- 25-1401 · Liability for damages; court’s authority to determine whether…
- 25-1402 · Method of ascertaining value of trees removed
- 25-1403 · Failure of defendant to answer
- 25-1404 · Abatement of action
- 25-1501 · Liability of owners or occupiers of land for injury to guests…
- 25-1601 · Written notice of pendency of action
- 25-1602 · Recording; indexing; cancellation
- 25-1603 · Filed notice of pendency; effect as to persons claiming…
- 25-1604 · Effective term