Squatters’ rights – often referred to as “adverse possession” – allow someone to potentially gain legal ownership of a property they don’t own, provided they meet certain requirements. Think of it as a way for someone occupying land without permission to eventually claim it as their own.
This article provides a comprehensive overview of squatters’ rights and adverse possession laws specifically in North Carolina, often referred to as squatting laws NC.
Understanding these laws is crucial for property owners who want to protect their land and for potential squatters who want to understand their rights and obligations.
Squatting, Trespassing, and Adverse Possession: What’s the difference?
Squatting and trespassing are often confused, but there’s a legal difference between the two.
Trespassing vs. Squatting
A trespasser is someone who’s briefly on your property without permission — say, someone cutting through your backyard. A squatter, on the other hand, takes up residence on the property.
Trespassing is a crime in North Carolina. If someone is convicted of criminal trespassing, they could face a fine as high as $1,000, and they could spend up to 60 days in jail.
What is Adverse Possession?
Adverse possession is the legal concept behind what people often call “squatters’ rights.” It’s a way for someone to gain legal ownership of a property they don’t own by occupying it for a certain period of time and meeting other specific conditions spelled out in state law. However, adverse possession claims are relatively rare.
What does it take to claim property through squatting in North Carolina?
North Carolina squatters must meet very specific requirements to successfully claim a property through adverse possession. They must prove the following elements, sometimes remembered with the acronym “HAOEC”:
- Hostile: They must occupy the property without the owner’s permission.
- Actual: They must physically live on and use the property.
- Open and Notorious: Their presence must be obvious to anyone, not hidden.
- Exclusive: They must possess the property alone, not sharing it with others (including the owner).
- Continuous: They must live there uninterrupted for a certain amount of time.
In North Carolina, the “continuous” possession must last for:
- 7 years if the squatter has “color of title,” meaning they have a legal document that incorrectly claims they own the property.
- 20 years if they don’t have color of title.
It’s important to remember that the squatter has the burden of proving all of these elements to a court. If they fail to prove even one, their claim will fail.
How do squatters claim ownership in North Carolina?
To legally claim a property through adverse possession, a squatter has to file a lawsuit to “quiet title.” This is basically a formal request for the court to recognize them as the legal owner.
The court then decides whether the squatter has met all the requirements for adverse possession. This can be tricky. The squatter needs solid evidence to prove they’ve been living there openly, continuously, and exclusively for the required amount of time, and that they’ve been treating the property as their own.
Proving adverse possession can be challenging and complicated. Because of this, both property owners and squatters should seek legal advice to understand their rights and options.
Property owner’s rights and remedies
As a property owner, you have rights, and there are steps you can take both to prevent squatters and to remove them if they appear on your property.
Preventing adverse possession
Here are some proactive steps you can take to keep squatters off your land:
- Inspect and maintain your property regularly.
- Post “No Trespassing” signs.
- Secure all entry points.
- Keep your property well maintained.
- Install security systems.
- Ask neighbors to keep an eye out and report anything suspicious.
If you discover a squatter on your property, it’s important to take immediate legal action.
Eviction process
In North Carolina, you have the right to issue a 10-day Notice to Quit. If the squatter doesn’t leave, you can file an eviction lawsuit, also called an unlawful detainer action.
In North Carolina, it’s illegal to try to remove squatters yourself. You have to follow the correct legal procedure.
If the court orders the squatter to leave, law enforcement will enforce the eviction order.
Landlord and squatter responsibilities
Both landlords and squatters have certain responsibilities under North Carolina law.
Landlord responsibilities
If you’re a landlord in North Carolina, you’re responsible for maintaining your property. You also must follow the legal eviction process if you want a squatter to leave your property.
Squatter responsibilities
Squatters also have responsibilities. While occupying a property, a squatter can’t damage it or engage in criminal activity. They also need to understand that they don’t have any legal rights to the property unless and until a court grants them adverse possession.
Need Help? Contact a North Carolina Real Estate Attorney
Dealing with squatters is complicated, so it’s always a good idea to talk to a lawyer who knows North Carolina real estate law. They can explain your rights and help you take the right steps to get unwanted occupants off your property.
Here are some resources that can help you find legal aid:
- The North Carolina Bar Association: They have a lawyer referral service.
- Legal Aid of North Carolina: This is a non-profit that offers free legal help to low-income people.
In Summary
North Carolina property owners should be aware of squatters’ rights and the state’s adverse possession laws. These laws can affect your ownership rights if someone occupies your property without your permission.
To protect your property, make sure to regularly inspect it, post “No Trespassing” signs, and promptly address any signs of unauthorized occupancy. If you suspect someone is trying to claim adverse possession of your property, it’s essential to take swift legal action.
Navigating these complex legal issues can be challenging, so it’s best to consult with a qualified real estate attorney to understand your rights and options.