Delaware

Gay Rehoboth couple loses property worth $125,000 to hostile neighbor

Judge cites ‘adverse possession’ in ruling allowing seizure of vacant lot

Published

2 years ago

February 7, 2023

A Delaware Superior Court judge on Feb. 2 issued a decision allowing a woman who owns real estate property in Ocean View, Del., that is adjacent to property owned by a gay couple who spend the summer months in nearby Rehoboth Beach to assume ownership of the couple’s vacant lot through a little-known law in Delaware and other states called the “adverse possession” statute.

“We are in the shocked and depressed stage and freaking out a little bit,” said Burt Banks, who, along with his husband, David Barrett, were not aware that the neighboring property owner had been using the property in question for 20 years as required under the adverse possession law until 2021, when they put the property up for sale, Banks told the Washington Blade.

Banks said his family has owned the property for several generations and he inherited it a year after his father died in 2004. The judge’s ruling shows that Banks in 2016 deeded the property to himself and his husband Barrett in the form of a living trust.

When the couple put the property up for sale in 2021 and their Realtor set a $125,000 sale price for the property, a prospective buyer discovered the adjacent property owner had a claim on the couple’s property, according to the ruling by Judge Craig A. Karsnitz of the Georgetown, Del.-based Superior Court.

The judge’s ruling says Banks and Barrett then filed a Complaint for Ejectment against Mellissa Schrock to require that she vacate the property.

Karsnitz’s 27-page court ruling says Schrock filed a legal response challenging the ejectment complaint and a short time later filed a counterclaim invoking the Adverse Possession statute to gain legal rights to become the owner of the property in question. The ruling describes the property as an unimproved wooded lot consisting of “mature, densely foliated woodlands.”

The judge’s ruling says he decided in favor of Schrock because she met the criteria for invoking Adverse Possession, which includes occupying or using the property for at least 20 years continuously and doing so in an open and “notorious” way without objection from the owner.

“The matter was tried before me on Dec. 7, 2022, and I visited the property for a visual inspection on Dec. 8, 2022,” Karsnitz says in his ruling. “I asked the parties to submit their closing arguments in writing, which they both did on Dec. 20, 2022, the ruling continues.

“This is my decision after trial,” the judge states. “Because by a preponderance of the evidence I find open and notorious, hostile, and adverse, and exclusive use of the Property by Defendant, and actual and continuous possession of the Property by Defendant, for the twenty-year statutory adverse possession period, and finding no assertion of ownership or control by Plaintiffs during that period, I quiet title to the Property in Defendant,” the ruling declares.

“I also deny Plaintiffs’ Complaint for Ejectment,” it says.

The ruling also states that Banks and Barrett testified at the trial that Banks’ father had installed a saw mill on the property in the early 2000s and used the saw mill before he died in 2004. It says the couple also testified that they visited the property periodically over the years and never observed anyone else using the property, but they acknowledged they never placed a no-trespassing sign on the property or introduced themselves as the owner to any of their neighbors.

“There was no evidence that Plaintiffs used the Property as their own or sought to exclude Defendant from her use of the Property,” Karsnitz says in his ruling. “I therefore give Defendant’s testimony and other evidence more weight than that of Plaintiffs on this element,” the ruling states.

Banks told the Blade that he and his husband, whose main residence is in Atlanta, may not be able to afford at this time the cost of appealing the ruling to the Delaware Supreme Court. But he said the couple hopes the loss of their property will serve as a warning to others who buy property in the Rehoboth Beach area.

“We are meeting with our trial attorney this week and hopefully he can provide some guidance,” Banks said.

Related Topics:Burt Banks Craig A. Karsnitz David Barrett Delaware Delaware Superior Court featured Mellissa Schrock Ocean View Rehoboth Beach

Up Next

Carper’s retirement opens historic possibilities in Delaware

Don't Miss

Rehoboth chef wins ‘Holiday Baking Championship’

FUND LGBTQ JOURNALISM

Delaware

Wilmington, Del. leaders paint city’s first rainbow crosswalk

Mayor John Carney signs Pride proclamation

Published

1 week ago

June 26, 2025

Abigail Hatting

A new rainbow crosswalk was painted at the intersection of 6th and Union Streets in Wilmington, Del.

Wilmington, Del. city leaders and community members gathered to paint the first rainbow crosswalk in the city on June 24, after Mayor John Carney signed a proclamation to declare June as Pride month.

The crosswalk was painted at the intersection of 6th and Union Streets near Crimson Moon, the only LGBTQ bar in New Castle County.

“This is not just paint on pavement — it’s a statement,” said Mayor Carney. “This crosswalk is a symbol of visibility and belonging. It reflects our promise that Wilmington is a place where everyone, regardless of who they are or who they love, should feel safe, seen, and supported.”

After the signing, the mayor joined At-Large City Council members Latisha Bracy and James Spadola, the Public Works Department, LGBTQ leaders, and community advocates in painting the crosswalk vibrant rainbow colors.

Mayor Carney said Council member Bracy helped “lead the charge” of this initiative in an Instagram post. At the event, Brady said the crosswalk was “a long time coming” and that it had been requested several years ago but did not get done until now.

“There’s nothing more American than letting people be who they are,” Council member Spadola said during the proclamation ceremony.

The Delaware Pride Festival in Dover lost 57% of its corporate funding this year, according to The News Journal, due to backlash over diversity, equity and inclusion initiatives.

Delaware is currently pushing legislation to codify same-sex marriage into the state Constitution. The amendment passed through the Senate on June 10 and is awaiting consideration from the House.

Delaware

Del. governor signs order to protect gender-affirming care

Directive to safeguard personal data of patients, providers

Published

2 weeks ago

June 23, 2025

Abigail Hatting

Delaware Gov. Matt Meyer, center, signs an executive order that protects gender-affirming care in the state. (Photo courtesy of Meyer's office)

Delaware Gov. Matt Meyer signed an executive order to protect gender-affirming care on June 20 at the CAMP Rehoboth Community Center, followed by the first meeting of the newly formed LGBTQ commission, which will work to protect the rights of LGBTQ Delawareans.

Executive Order 11 makes Delaware a shield state for providers of gender-affirming care. It prohibits state agencies from cooperating with investigations, subpoenas, or legal actions by other states against individuals or providers involved in care that is legal in Delaware.

Gender-affirming care refers to a range of medical, psychological, and social services that are designed to support transgender and nonbinary individuals towards aligning their outward characteristics with their gender identity.

“Across the country, people are being punished for seeking or providing gender-affirming care,” said Meyer in a press release. “In Delaware, we cherish privacy, dignity, and the right to make personal medical decisions. Everyone deserves the freedom to access healthcare rooted in science and compassion.”

CAMP Rehoboth Communications Director Matty Brown said the center was “honored” to be the location for the signing. He said the atmosphere was “emotionally charged” and “joyous” with many “tears of joy.”

“CAMP Rehoboth applauds this executive order,” Brown told the Washington Blade. “This is a clear signal to all Delawareans that all are welcome to thrive here … We know that medical care should be between the provider and the patient, so we are so excited to see Gov. Meyer uphold that.”

State Rep. DeShanna Neal spoke at the event and told a story of her fight with the state to get gender-affirming care for her trans daughter.

“I want to thank Gov. Meyer for his actions today and helping me keep a 20-year promise to my daughter and all the families that this fight has helped,” said Neal.

At least 14 other states and D.C. have passed similar protective laws designed to shield providers and patients from laws in states where gender-affirming care is restricted or criminalized.

“Transgender Delawareans and those traveling here for care can now breathe a little easier,” said Cora Castle, chair of the LGBTQ Commission. “This executive order reflects what science and medical experts have made clear for years: gender-affirming care is lifesaving. It also shows what happens when people with lived experience are trusted to help shape policy — we lead with both empathy and evidence. Delaware is proving what it means to protect all its people.”

Delaware

Milton Pride Fest to take place Saturday

This year’s theme is ‘Small Town, Big Heart’

Published

3 weeks ago

June 13, 2025

Abigail Hatting

(Washington Blade photo by Michael Key)

Milton, Del., will host its Pride Fest this Saturday with the theme “Small Town, Big Heart.” The town’s population of just over 3,000 is in its sixth year hosting Pride.

The event is hosted by Sussex Pride and Milton Theatre and will take place from 4-8 p.m. in the area surrounding the theater. Admission is pay-what-you-can and proceeds will support the Milton Theatre’s education wing campaign, an initiative dedicated to expanding arts education and creating spaces for the next generation of performers and artists.

The musical act schedule includes Goldstar at 4 p.m., Magnolia Applebottom and Friends at 5:30 p.m., and Mama’s Blacksheep at 6:45 p.m. There will be vendors, food trucks, and a Kids Fest with an inflatable obstacle course.

“In our little corner of the world, LOVE leads the way! Milton Pride 2025 is a celebration for EVERYONE — neighbors, families, allies, and friends — because acceptance, kindness, and community belong to us all,” Milton Theatre’s website reads. “Whether you’re here to cheer, learn, or simply feel the joy … you’re welcome exactly as you are. Let’s come together and celebrate Milton, a SMALL TOWN … with a BIG HEART!”