§ 1401. Liability for damages; court’s authority to determine whether trespass intentional; exemplary and actual damages.
§ 1401. Liability for damages; court’s authority to determine whether trespass intentional; exemplary and actual damages. (a) Whoever wilfully, negligently or maliciously cuts down or fells or causes to be cut down or felled a tree or trees growing upon the land of another, without the consent of the owner, shall be liable for damages […]
§ 1101. Unauthorized removal of landmarks and marking of boundary trees; penalty.
§ 1101. Unauthorized removal of landmarks and marking of boundary trees; penalty. No person shall cut, fell, alter or remove any boundary tree or other landmark, nor shall any person, without lawful authority, mark any boundary tree upon any land that is not person’s own, under penalty of forfeiting $200 to the party wronged. Code […]
§ 1402. Method of ascertaining value of trees removed.
§ 1402. Method of ascertaining value of trees removed. In the absence of a more accurate means of ascertaining the value of trees removed in a timber trespass, the court may accept that figure which shall be arrived at by accepting the diameters of the stumps of the severed trees measured inside the bark as […]
§ 1102. Perpetuating testimony of boundaries.
§ 1102. Perpetuating testimony of boundaries. (a) Any person interested in perpetuating testimony respecting boundaries or landmarks may file a petition in the Court of Chancery representing the case, and naming the tenants and the owners of adjoining land, and praying for an order to take depositions to perpetuate testimony respecting the bounds. A summons […]
§ 1403. Failure of defendant to answer.
§ 1403. Failure of defendant to answer. If the defendant in an action, as provided in this chapter, shall not appear or shall not answer the complaint at the return of the writ or notice served therefor, the court shall determine the trespass wilful and award damages accordingly. 25 Del. C. 1953, § 1403; 49 […]
§ 1103. Marking and bounding lands; procedure.
§ 1103. Marking and bounding lands; procedure. (a) Any person seised of any estate in possession, reversion or remainder, or possessed of any term, not less than 15 years, in any lands, the bounds of which are unknown or are in danger of being lost, may apply to the Superior Court in the county where […]
§ 1104. Notice of commission meeting; powers of commission; recording of certificate.
§ 1104. Notice of commission meeting; powers of commission; recording of certificate. The commissioners shall give at least 20 days notice of their meeting to execute the commission by advertisements at the courthouse door and at 5 public places in the 100 where the land lies; and shall meet on the land accordingly. They shall […]
§ 1105. Effect of commission’s return; savings provision.
§ 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 […]
§ 1106. Boundaries fixed by agreement of parties.
§ 1106. Boundaries fixed by agreement of parties. If any lines or boundaries are ascertained and fixed by agreement of parties, they shall not be disturbed by any commission, as between the same parties or those claiming under either of them. If any persons agree to ascertain and fix the lines or boundaries of their […]
§ 1107. Right of holders of separate parts of tract or of younger survey to a commission.
§ 1107. Right of holders of separate parts of tract or of younger survey to a commission. When several persons hold separate parts of the same tract, they, or any of them, may have a commission to mark and bound the whole, as well as the several parts thereof. When any person holding a younger […]