Adverse Possession: North Carolina Law And Its Application

Adverse possession is a legal concept that allows individuals to gain ownership of land or property through continuous and open use over a specific period without the original owner's permission. In North Carolina, adverse possession laws require an individual to occupy an otherwise neglected property publicly for at least 20 years, or seven years with colour of title, meaning they have reason to believe they have the right to possess the property.

Squatters' rights

Adverse possession laws, also known as squatters' rights, are a set of legal doctrines that allow a person to claim ownership of a building or land. In North Carolina, squatters' rights are recognised, and squatters may be able to own property after a successful adverse possession claim.

Requirements for Adverse Possession in North Carolina

To make an adverse possession claim in North Carolina, squatters must meet several requirements. Firstly, they must be physically present on the property and treat it as the owner would, although they are not required to pay property taxes. This can be demonstrated through beautification efforts, such as maintaining and renovating the property. Secondly, squatters must occupy the property for an uninterrupted period of 20 years. Thirdly, squatters must be the only possessors of the property, meaning that sharing the legal title with others would invalidate their claim. Fourthly, squatters must occupy the property in a manner that is open and obvious, even to the property owner.

"Hostile" Definition

In the context of adverse possession, "hostile" does not refer to violence or danger. Instead, it has three possible definitions. The first is "simple occupation", which is the most common definition used by states, referring to mere land possession. The second is "awareness of trespassing", meaning the squatter is aware that they are trespassing and have no legal rights to the property. The third definition is "good faith mistake", which assumes that the squatter made an innocent mistake and occupied the property due to a reasonable judgment error, such as an incorrect or invalid deed.

Preventing Squatters from Entering Your Property

As a property owner, it is important to take steps to prevent squatters from occupying your property. This includes regularly inspecting your property, securing all entrances, posting "No Trespassing" signs, and hiring a property management company to monitor your property.

Removing Squatters from Your Property

If squatters are already on your property, you must follow the judicial eviction process to remove them. This typically involves serving the squatter with a 10-day Notice to Quit, giving them a chance to vacate the property before facing an eviction. If they do not leave, you may need to seek intervention from the court, which can direct the sheriff to evict the squatter through a Writ of Possession document. It is important to note that self-eviction methods, such as changing the locks or shutting off utilities, are illegal and can result in legal consequences.

Continuous and open use

Adverse possession is a legal concept that allows individuals to gain ownership of land through continuous and open use over a specific period without the original owner's permission. However, to successfully claim adverse possession, claimants must meet rigorous criteria, such as actual, hostile, exclusive, open, and notorious possession for a statutorily defined period.

In North Carolina, to acquire ownership of land by adverse possession, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period under known and visible lines and boundaries. The statutory period for adverse possession in North Carolina is twenty years. This means that the adverse possessor must fulfil all the above requirements for twenty years before they have a valid claim for adverse possession.

The adverse possessor must use the land continuously, and not intermittently. This doesn't mean that they have to be on the land constantly, just that they have to use the land continuously like an actual owner would. For example, an adverse possessor may make ordinary use and take ordinary profits of which the land owned is susceptible in its present state. Such acts should be repeated to show that they are done in the character of the owner, in opposition to the right or claim of any other person, and not merely as an occasional trespasser.

The "open and notorious" element of adverse possession is only satisfied when the possession is evidenced in a way that would be visibly noticeable to the reasonably attentive property owner. This element has the effect of putting the true owner of the adversely possessed property on constructive notice. However, when an encroachment on another's property is small, not clear, and not apparent to the naked eye, only the true owner's actual knowledge of the encroachment will satisfy the open and notorious requirement of adverse possession.

Colour of title

Adverse possession is a legal concept that allows a trespasser to gain legal title to a piece of land owned by someone else. In North Carolina, adverse possession laws require an individual to occupy an otherwise neglected property openly and publicly for at least 20 years, or seven years with "colour of title".

"Colour of title" means that the adverse possessor has a document or reason to believe that the land is legally theirs. This is not a requirement in North Carolina, but it will reduce the statutory period from 20 years to seven years. For example, a faulty deed or tax payment records can be used to support a colour of title claim.

In the context of adverse possession, a "'hostile' use of land simply means a use that is incompatible with the true owner's use and ownership of the land. Generally, this means that the owner has not given the adverse possessor permission to use the land. The trespasser's use of the land must also be actual, exclusive, open, and notorious.

To make a successful claim for adverse possession in North Carolina, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period under known and visible lines and boundaries. The burden of proof to establish a claim of adverse possession lies with the trespasser.

Hostile, exclusive, open, and notorious possession

Adverse possession is a legal concept that allows a trespasser to gain ownership of a piece of land by fulfilling certain conditions. In North Carolina, the conditions are that the trespasser must inhabit the land for a minimum of 20 years, or seven years with "colour of title", which means they have reason to believe they have the right to possess the property.

To make a successful claim for adverse possession, the trespasser must fulfil the following conditions:

Hostile Possession

"Hostile" does not mean that there is any aggression or unfriendliness between the trespasser and the owner. Instead, it means that the trespasser's use of the land is incompatible with the owner's use and ownership of the land. In other words, the trespasser must be using the land without the owner's permission and with the intention to claim ownership. For example, if a landowner sees a squatter on their lawn and doesn't care, after two decades it would seem unfair to make the squatter leave. However, if the squatter hides their presence on the land, the owner wouldn't have the opportunity to take action.

Exclusive Possession

The trespasser must be the only person using the land. If the adverse possession claimant is only one of many people who use the land, they probably don't have a strong claim. For example, if Jean and Jacques are neighbouring farmers, and Jean knowingly constructs a fence 20 feet over on Jacques' side, this would be considered adverse possession as it is clearly hostile to Jacques' possession of the land.

Open and Notorious Possession

The trespasser must act like an owner and use the land openly and publicly, so that the owner could see their use of the land and tell them to leave if necessary. The trespasser must be able to show that they have used the land in such a way that any reasonable person would have thought that they owned it. For example, by barbecuing, inviting family over, and installing lawn furniture.

In summary, adverse possession in North Carolina requires the trespasser to inhabit and improve an otherwise abandoned piece of property for a minimum of 20 years, during which time they must fulfil the conditions of hostile, exclusive, open, and notorious possession.

Statutory period

Adverse possession is a legal concept that allows a trespasser to gain ownership of a neglected piece of property through inhabiting and improving it over a specific period, without the original owner's permission. In North Carolina, the statutory period for adverse possession is twenty years. This means that the adverse possessor must fulfil the requirements for twenty years before they have a valid claim for adverse possession. The requirements include actual, hostile, exclusive, open, and notorious possession for a statutorily defined period.

The statutory period will vary by state, but at the end of the legal period, the actual owner may lose ownership rights, according to legal doctrine. In North Carolina, the statutory period to acquire title by adverse possession without "colour of title" is twenty years. "Colour of title" means that the adverse possessor has a document or reason to believe that the land is legally theirs. This is not a requirement in North Carolina, but it will reduce the statutory period from twenty years to seven years.

To meet the continuous element of adverse possession, the possession of the adversely possessed property must be uninterrupted for the entirety of the statutory period. The term statutory period refers to the amount of time that an adverse possessor must possess a property before the title is transferred to them as established by state law. Generally speaking, an adverse possessor's claim will not be defeated if the physical use of the property is seasonally restricted, particularly when the seasonally restricted use is consistent with the nature and condition of the land.

The open and notorious element of adverse possession is only satisfied when the possession is evidenced in a way that would be visibly noticeable to the reasonably attentive property owner. This element has the effect of putting the true owner of the adversely possessed property on constructive notice. However, when an encroachment on another's property is small, not clear, and not apparent to the naked eye, only the true owner's actual knowledge of the encroachment will satisfy the open and notorious requirement of adverse possession.

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