Ever heard of someone moving into a vacant property and eventually claiming it as their own? That’s the general idea behind squatters’ rights, also known as adverse possession. Basically, under certain conditions, someone can gain legal ownership of a property simply by occupying it for a long time.
This article dives into the details of North Carolina’s squatters law. It’s essential knowledge for both property owners looking to protect their investments and individuals who might be considering squatting.
We’ll cover what defines a squatter, the requirements for adverse possession in North Carolina, the legal process involved, the rights of property owners, strategies for preventing squatting, and the steps for evicting a squatter.
Squatters and adverse possession in North Carolina
It’s important to understand the difference between a squatter and someone who’s trespassing, as well as the concept of adverse possession.
What’s a squatter?
A squatter is someone who lives on a property without the owner’s permission. They’re not renting or leasing the property. Often, squatters take up residence in properties that have been abandoned or are otherwise unoccupied.
While squatting and trespassing may seem similar, there’s a legal distinction. Trespassing is considered a criminal offense and often involves forced entry onto a property. Squatting, on the other hand, is usually handled as a civil matter.
What’s adverse possession?
Adverse possession is a legal concept that allows a squatter to gain legal ownership of a property if they meet certain conditions and occupy the property continuously for a specific period of time.
In North Carolina, that period is 20 years.
What are the requirements for adverse possession in North Carolina?
To make a successful claim for adverse possession in North Carolina, a squatter must meet five requirements:
- Hostile/Adverse Possession: The squatter must be on the property without the owner’s permission and be aware that they are trespassing.
- Actual Possession: The squatter must physically live on the property and treat it as if they own it.
- Open and Notorious Possession: The squatter’s presence must be obvious; they can’t hide from the public or the property owner.
- Exclusive Possession: The squatter must live on the property alone and can’t share it with anyone, including the owner.
- Continuous Possession: The squatter must live on the property for 20 years without interruption.
North Carolina law makes an exception if the squatter has “color of title,” meaning they have a claim of ownership even if the title is faulty. With color of title, the required period of occupation drops to 7 years. However, color of title is not required to claim adverse possession.
Unlike some states, North Carolina does not require squatters to pay property taxes to claim adverse possession.
How to claim adverse possession in North Carolina
To claim adverse possession, a squatter must file a “quiet title” lawsuit in court. This is how they officially stake their claim to the property.
During the lawsuit, the squatter has to prove to a judge that they’ve met all the requirements for adverse possession over the required time period. This includes demonstrating continuous, open, notorious, exclusive, and hostile possession.
Keep in mind that squatters’ rights and adverse possession laws are complicated. If you’re dealing with a squatter situation, or if you are a squatter trying to claim a property, it’s best to consult with an attorney.
What are a property owner’s rights? How do you evict a squatter?
If you find someone living on your property who doesn’t have a lease or your permission, you can take steps to legally remove them.
The legal eviction process
North Carolina law doesn’t allow property owners to use “self-help” eviction methods like changing the locks or physically removing the squatter. If you do, the squatter can sue you.
Here’s the process you’ll need to follow:
- Serve the squatter with a notice to quit.
- If they don’t leave, file a complaint in court.
- Attend the court hearing.
- If the court rules in your favor, get a Writ of Possession.
- Enforce the Writ of Possession with law enforcement’s help.
Special considerations
If you’re a disabled property owner, you have a three-year window after your disability is lifted to reclaim your property.
How to keep squatters off your property
The best way to deal with squatters is to keep them off your property in the first place. Here are some steps you can take:
- Check your property regularly. Even just driving by can help.
- Secure every entrance. That means doors, windows, and any other way someone could get in.
- Post “No Trespassing” signs. Make it clear that unauthorized people aren’t welcome.
- Make the property look lived-in. Even if it’s vacant, give the impression that someone is around. You can use timers on lights, for example.
- Install lights and cameras. Security systems can deter potential squatters.
- Ask neighbors to keep an eye out. Encourage them to report anything suspicious.
- Hire a property manager. A property management company can keep the property maintained and check on it regularly.
- Keep the property in use. If possible, renting it out is a great way to prevent squatting.
- Get to know local law enforcement. Having a relationship with the police can be helpful.
If you do find a squatter, act fast. Contact law enforcement and begin the eviction process immediately. Serve the squatter with a formal eviction notice that includes a firm move-out date.
Summary
In North Carolina, squatters can only claim legal ownership of a property after living there openly and continuously for 20 years. Even then, they must meet specific requirements to make an adverse possession claim.
If you’re dealing with squatters on your property, it’s essential to understand the eviction process and avoid taking matters into your own hands. Illegal eviction tactics can lead to legal trouble for you.
Because squatters’ rights and adverse possession laws can be complex, it’s always best to consult with a qualified real estate attorney. They can help you understand your rights and the best course of action to protect your property. Ultimately, prevention and a thorough understanding of the law are key for North Carolina property owners.