North Carolina Statewide Rule
North Carolina Adverse Possession (Squatters' Rights)
Key Facts
- Standard period
- 20 years (§ 1-40)
- Under color of title
- 7 years (§ 1-38)
- Boundary requirement
- Known and visible lines and boundaries
- Possession test
- Open, continuous, exclusive, hostile
Summary
North Carolina recognizes adverse possession after 20 years of open, continuous possession under N.C. Gen. Stat. § 1-40, or after 7 years if the possessor holds under color of title per § 1-38. Possession must be under known and visible lines and boundaries and adverse to the true owner.
§ 1-38. Seven years' possession under color of title. (a) When a person or those under whom he claims is and has been in possession of any real property, under known and visible lines and boundaries and under color of title, for seven years, no entry shall be made or action sustained against such possessor by a person having any right or title to the same, except during the seven years next after his right or title has descended or accrued, who in default of suing within that time shall be excluded from any claim thereafter made; and such possession, so held, is a perpetual bar against all persons not under disability: Provided, that commissioner's deeds in judicial sales and trustee's deeds under foreclosure shall also constitute color of title.
Full Breakdown
Under N.C. Gen. Stat. § 1-40, a person who has "possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years" gains title against all but those under a legal disability. The period drops to seven years when the possessor holds "under known and visible lines and boundaries and under color of title, for seven years" pursuant to § 1-38, meaning the claimant occupies under a written instrument that appears to grant title but is defective. Possession must be actual, open, notorious, exclusive, continuous, and hostile for the full period. A tenant in lawful possession cannot acquire title this way; the doctrine applies to true squatters and boundary disputes, not renters.
Violations & Penalties
A trespasser who fails to meet every element for the full period acquires no title and may be removed through ejectment; criminal trespass charges may also apply to someone occupying without any claim of right.
Frequently Asked Questions
How long does adverse possession take in North Carolina?
What is color of title in North Carolina adverse possession?
Sources
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