Ever heard of “squatters’ rights”? It’s a real thing. Legally, it’s known as “adverse possession,” and it basically means someone can claim ownership of property they’ve been occupying, even if they don’t own it and don’t have the owner’s permission.
Whether you’re a property owner or someone considering trying to claim squatters rights in North Carolina, it’s essential to understand how this works.
This article provides a comprehensive overview of squatters’ rights in North Carolina, including the legal requirements, how the process works, and what you can do to prevent someone from squatting on your property.
Squatting vs. trespassing: What’s the difference?
It’s easy to confuse squatting with trespassing, but there are some key differences.
Who is a squatter?
A squatter is someone who moves into and occupies a property without the owner’s permission. They intend to live there and may eventually try to gain legal ownership through something called adverse possession.
Who is a trespasser?
A trespasser is someone who enters a property without permission, often temporarily. Trespassing is usually a criminal offense, particularly if it involves forced entry.
Key differences
Squatting is usually a civil matter, while trespassing is a criminal offense. The main difference is the intent and length of time the person occupies the property. A squatter intends to live there, whereas a trespasser is just passing through.
Adverse Possession: The Legal Basis for Squatters’ Rights
Squatters’ rights are rooted in a legal principle called “adverse possession.” Adverse possession allows someone who has been occupying a property for a certain amount of time, while meeting specific conditions, to actually gain legal ownership of it.
So, what exactly does it take to claim adverse possession in North Carolina?
- Actual Possession: You have to be physically present on the property.
- Continuous Possession: You must live there uninterrupted for a certain length of time. In North Carolina, that’s usually 20 years.
- Exclusive Possession: You can’t share the property with the owner or other squatters.
- Open and Notorious Possession: You can’t hide the fact that you’re living there. Your presence must be obvious enough that the owner would reasonably know you’re on the property.
- Hostile Claim: You must be occupying the property without the owner’s permission. “Hostile” in this case means you know you’re trespassing.
In North Carolina, you don’t have to have “color of title” (some kind of document that suggests you own the property) to make an adverse possession claim. You also don’t have to pay property taxes on the property.
How to Claim Adverse Possession
To actually get the property, a squatter has to file a lawsuit claiming adverse possession. This isn’t like filling out a form; it’s a full-blown legal case.
The burden of proof is on the squatter. They have to convince the court, with solid evidence, that they’ve met every single requirement for adverse possession. This means proving open and notorious possession, continuous possession, hostile possession, exclusive possession, and paying property taxes for at least seven years under color of title.
The court looks at all the evidence and decides whether the squatter has made their case. If they have, the court can legally transfer the title of the property to the squatter. It’s a big deal.
Property owner’s rights and remedies
Okay, so what can you do to protect yourself from squatters and adverse possession claims?
Preventing adverse possession
- Make it a point to regularly check on and maintain your property.
- Put up “No Trespassing” signs.
- Keep all the doors and windows locked to prevent unauthorized access.
- Ask your neighbors to keep an eye out and let you know if they see anything suspicious.
- If you discover a squatter, take legal action immediately.
Eviction process
If someone has moved onto your property illegally, here’s what you’ll need to do:
- Hand the squatter a formal eviction notice (a “Notice to Quit”) that tells them they have to leave within a certain time. A 10-day notice is common.
- If the squatter doesn’t leave, file an “unlawful detainer action” (that’s an eviction lawsuit) in court.
- If you win the lawsuit, get a “Writ of Possession” from the court.
- Then, law enforcement can use that Writ of Possession to remove the squatter from your property.
It’s important to know that you can’t just change the locks or physically remove the squatter yourself. Those “self-help eviction methods” are against the law in North Carolina.
Legal Assistance and Considerations
Navigating squatters’ rights and adverse possession law can get tricky. If you think you might be dealing with a squatter situation, you should probably talk to a lawyer. A real estate attorney who knows North Carolina law can look at the details of your case and help you decide what to do next.
A lawyer can explain:
- The requirements for adverse possession in North Carolina
- The eviction process
- Possible defenses
If you’re a landlord, it’s really important to understand North Carolina’s landlord-tenant laws when you’re dealing with squatters.
Summary
In North Carolina, squatters’ rights fall under the state’s adverse possession laws. To claim ownership, a squatter must continuously, openly, exclusively, and actually possess the property in a hostile manner for a specific length of time.
If you own property in North Carolina, it’s wise to take steps to prevent squatters from occupying it. If squatters are already present, you must follow the legal eviction process to remove them.
Navigating North Carolina’s adverse possession laws can be tricky. Whether you’re a property owner or a squatter, seek legal advice to ensure you understand your rights and obligations.