Delaware Code

17 Del. C. § 509 (2026)

Highways deemed public roads

✓ current as of May 2026

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All public roads, causeways and bridges laid out as such, or made by lawful authority, or which have been used as such and maintained at the public charge for 20 years or more are declared to be common highways. The usage by the public for 20 years or more of any road shall not cause the road to become a common highway or public road unless the same has been maintained at the public charge for 20 years or more.

Code 1852, § 1077; Code 1915, § 1566; 29 Del. Laws, c. 106; Code 1935, § 1657; 17 Del. C. 1953, § 509;

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1962–2022 · leading case: Deakyne v. Commissioners of Lewes, 416 F.2d 290 (3rd Cir. 1969).

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Deakyne v. Commissioners of Lewes, 416 F.2d 290 (3rd Cir. 1969). · cites it 12× “The district court recognized that, While the answer did not expressly mention 17 Del.C. § 509, its language brought the defense within the terms of the statute.”

Deakyne v. Commissioners of Lewes, 329 F. Supp. 1133 (D. Del. 1971). · cites it 12× “The reversal was based on this Court’s error in refusing to permit the Town to amend its pleadings at trial for the purpose of asserting a defense based on 17 Del.C. § 509, which provides that twenty years of public user and maintenance is enough to establish a road as public.”

Scureman v. Judge, 626 A.2d 5 (Del. Ch. 1992). “The Operation of 17 Del.C. § 509 As previously noted, the movants also argue that those same actions taken in 1876 by the Rehoboth Association establish the movants’ alternative claim that Lake Drive is a “common highway” by virtue of 17 Del.”

Lofland v. Truitt, 260 A.2d 909 (Del. Ch. 1969). “Prior to the enactment of the predecessor of 17 Del.C. § 509, 4 public user for an extended period of time without more was deemed to be evidence of an intent to dedicate a private way to the public.”

Deakyne v. Commissioners of Lewes, 341 F. Supp. 952 (D. Del. 1972). · cites it 7× “The plaintiff contends that the Court erred in failing to direct a verdict for the plaintiff since there was no proof of maintenance at public expense of Anglers Road for the years 1945 and 1946, and therefore, the defendants’ proof of continuous maintenance at public expense…”

Biggs v. Wolfe, 178 A.2d 482 (Del. Ch. 1962). “In view of this finding I am not called upon to consider plaintiff's contention that Cann Road is not to be regarded as a public road because it does not appear that it has been maintained at the public charge for twenty years or more, which plaintiff says is required by 17…”

Deakyne v. Commissioners of Lewes, 44 F.R.D. 425 (D. Del. 1968). · cites it 4× “Motion of Defendants for a New Trial Defendants contend that the Court erred as a matter of law in denying the defendants’ motion to amend the pleadings to conform to the evidence, and in refusing to charge the jury on the significance of 17 Del.C. § 509. It provides: “All…”

Buckeye Partners, L.P. v. GT USA Wilmington, LLC (Del. Ch. 2022). “” 17 Del. C. § 509. “Section 509 has been construed as recognizing three alternative methods for creating a ‘common highway’: (1) formal dedication by a private owner; (2) official dedication by a public authority; or (3) twenty years of public use and public maintenance.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.