North Carolina Adverse Possession (Squatters' Rights)

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.

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.