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Adverse possession in North Carolina

Adverse possession lets a person gain title to land by possessing it openly, without permission, for a period set by statute. In North Carolina that period is 20 years, or 7 years under color of title, within known and visible boundaries. A court action confirms the title.

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Quick summary: This guide explains adverse possession in North Carolina: the elements a claimant must prove, the 20-year and 7-year periods, the longer periods against the State, and the court action that confirms title. It is for owners and buyers who find a fence, a garden, or a building over a line. The key takeaway: possession by permission never counts, and no claim is title until a court says so.

What adverse possession is

Adverse possession is a way to gain title to land by possessing it, without the owner’s permission, for a period set by statute. When the period runs, the owner can no longer sue to recover the land.

North Carolina states this in its statutes of limitation for real property. Under the 20-year statute, no action to recover land may be kept up against a person who possessed it adversely for 20 years under known and visible lines and boundaries. That possession gives the possessor title in fee against all persons not under disability.

Most claims involve a strip, not a whole tract. Common examples:

  • A fence that runs a few feet inside the neighbor’s line.
  • A garden, shed, or driveway built over a boundary.
  • A field one family has farmed up to an old line of trees.

The elements a claimant must prove

A claimant must prove each element, as the Court of Appeals restated them in a 2022 opinion. The possession must be:

  1. Actual. The claimant uses the land the way an owner would, for its condition.
  2. Open. The use is visible, so the true owner could see it.
  3. Hostile. The use is made under a claim of right, not with the owner’s permission.
  4. Held exclusively. The claimant does not share possession with the owner or the public.
  5. Continuous. The possession runs without a break for the whole period.
  6. Within known and visible lines. The area possessed has boundaries a person can see on the ground.

The claimant carries the burden on every element. Missing one ends the claim.

Permission defeats the claim

A use with the owner’s permission is not hostile. In the 2022 case, the claimants had asked a city for permission to garden on a strip, and the city gave it. The court held that their use was not hostile to the city’s ownership. A grant of permission defeats hostile use unless the possessor takes further action to reassert the claim.

Adding a prior owner’s time

North Carolina limits tacking, which means adding a prior possessor’s years to your own. The 2022 opinion calls this a minority position. You can add a prior owner’s possession only if that owner’s deed actually conveyed the possessed area to you. If the deed describes only your lot, the years on the neighbor’s strip do not pass with it.

The short version: Years alone do not make title. The possession must be hostile, open, held exclusively, continuous, and within visible lines for the full period. Permission ends the claim, and only a deed that describes the strip passes a prior owner’s years.

How long it takes

The period is 20 years without a deed, or 7 years with color of title. Longer periods apply against the State.

Situation Period Statute
Possession without color of title 20 years G.S. 1-40
Possession under color of title 7 years G.S. 1-38
Against the State, without color of title 30 years G.S. 1-35
Against the State, under color of title 21 years G.S. 1-35

Color of title

Color of title is a deed or other instrument that appears to convey the land but fails to. Under the 7-year statute, commissioner’s deeds in judicial sales and trustee’s deeds under foreclosure also count as color of title.

The same statute gives a way to prove possession within visible lines. Three acts together make prima facie evidence:

  • Marking the boundaries with paint on trees or with metal or concrete markers visible to a height of 18 inches above the ground.
  • Recording a map from an actual survey by a North Carolina surveyor, with a certificate tying it to the deed.
  • Listing and paying taxes on the marked and mapped land.

Claims against the State

The State has its own periods. Under the State title statute, the State will not sue after 30 years of adverse possession, or 21 years under color of title, within known and visible lines. In a title case where the State is not a party, title is deemed out of the State.

Public roads are different. No person can gain a right to any part of a public road, street, alley, or other public way by occupying or encroaching on it.

How a claim becomes title

A claim becomes record title through a court action. A person who claims land by adverse possession files an action to quiet title against the record owner. The court decides the adverse claims, and a judgment for the plaintiff bars the defendant’s claims.

Until then, the record still shows the old owner. A buyer, a lender, and a title insurer read the record, not the fence. A surveyor’s plat of the possessed area, tied to the evidence of the visible lines, can be part of the proof. See How to read a land survey for what a plat shows.

Take action: If a fence, drive, or building sits near a line, get the deeds, plats, and tax records read in order before you buy or sell. Start with One parcel. Everything the record says, in order.

How it differs from a prescriptive easement

Adverse possession gives title. A prescriptive easement gives only a right of use, and the owner keeps title. The two share a long period of hostile, open, and continuous conduct, but a prescriptive easement needs use, not possession held exclusively within visible lines. Read Prescriptive easement: how long use becomes a right for the use-only claim.

What the record shows, and who confirms

The public record does not show an adverse possession claim until someone files suit. The deed and plat show the record lines. Aerial imagery and a site visit can show a fence or a building that crosses them. Neither shows how long the use lasted or whether the owner gave permission.

Title insurance has a gap here too. The North Carolina Department of Insurance lists rights of parties in possession, such as adverse claimants who occupy the land, among items a policy may not cover. Encroachments may also fall outside a policy if you do not obtain a survey at closing.

These professionals confirm the facts:

Buyers of rural acreage can read Acreage that holds up after the survey for how we read a tract before a purchase.

Key recap

  • Adverse possession gives title to land after a statutory period of possession without permission.
  • The possession must be actual, open, hostile, held exclusively, continuous, and within known and visible lines.
  • The period is 20 years, or 7 years under color of title. Against the State it is 30 years, or 21 under color of title.
  • Permission defeats the claim. A prior owner’s years count only when that owner’s deed conveyed the possessed area.
  • No one gains title to a public road by occupying it.
  • A quiet title action turns a claim into record title. A surveyor and a real estate attorney confirm the facts.

Questions

How long does adverse possession take in North Carolina?

Twenty years of possession under known and visible lines, or seven years under color of title, under G.S. 1-40 and G.S. 1-38. Against the State, the periods are 30 years, or 21 years under color of title.

Can a neighbor take my land with a fence?

Only if the possession meets every element for the full period, and only through a court action. Use with your permission does not count. A real estate attorney can tell you how the facts on your land apply.

Do I have to pay property taxes to claim adverse possession?

Tax payment is not a listed element of the 20-year claim. Under G.S. 1-38, paying taxes on marked and mapped land is part of one way to prove possession within visible lines under color of title.

Can you gain title to a public road by adverse possession?

No. G.S. 1-45 bars any person from gaining a right to a public road, street, alley, or other public way by occupying or encroaching on it.

References

Primary sources cited on this page, in APA style.

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