What Is Squatters Rights in NC?

Squatters’ rights, also known as adverse possession, is a legal concept that allows a person to claim ownership of a property without the permission of the owner. In North Carolina, just like in many other states, there are specific conditions that need to be met in order for someone to successfully claim squatters’ rights. This article will explore the concept of squatters’ rights in NC, including the requirements, limitations, and common FAQs associated with this legal concept.

Requirements for Squatters’ Rights in NC:

1. Actual and exclusive possession: To claim squatters’ rights in North Carolina, the individual must have actual and exclusive possession of the property. This means that they must physically occupy and use the property as if they were the owner.

2. Open and notorious possession: The possession of the property must be conducted openly and without any attempt to conceal it from the true owner. The individual must not act in a secretive manner, but rather make their presence known to the owner and the public.

3. Continuous possession for at least 20 years: In North Carolina, the individual claiming squatters’ rights must have continuously possessed the property for a minimum of 20 years. It is important to note that the possession must be uninterrupted, without any abandonment of the property during this period.

4. Hostile and adverse possession: The individual must possess the property without the owner’s permission. This means they must act in a manner that is inconsistent with the owner’s rights and claim ownership of the property.

Limitations on Squatters’ Rights in NC:

1. Good faith: Squatters’ rights cannot be claimed if the individual had knowledge that they were occupying someone else’s property. The possession must be conducted in good faith, meaning the squatter genuinely believed that they were the rightful owner.

2. Payment of property taxes: In North Carolina, the squatter must pay property taxes on the claimed property for at least seven years during the 20-year possession period. Failure to pay property taxes may invalidate the claim.

3. No ownership by prescription: Squatters’ rights cannot be claimed if the property is owned by the government or a religious institution. These entities are exempt from adverse possession claims.

4. No trespassing: Squatters’ rights cannot be claimed if the individual entered the property illegally or through trespassing. The possession must be obtained through lawful means.

FAQs about Squatters’ Rights in NC:

1. Can I claim squatters’ rights on any property in NC?
No, certain properties such as government-owned or religious institution-owned properties are exempt from squatters’ rights claims.

2. Can I claim squatters’ rights if I rent the property?
No, squatters’ rights only apply to individuals who possess a property without the owner’s permission. Renting a property implies having the owner’s consent.

3. Can I claim squatters’ rights on abandoned properties?
Yes, if a property has been abandoned by the owner and you meet all the requirements, you may be able to claim squatters’ rights.

4. How can I prove my continuous possession?
Evidence of continuous possession can include utility bills, mail, property tax records, and witness testimonies. Documentation and proof of exclusive use are crucial to support your claim.

5. Can the true owner evict me if I successfully claim squatters’ rights?
Once squatters’ rights are established, the true owner cannot simply evict you. They would need to take legal action to challenge your claim.

6. Can I claim squatters’ rights if the property is part of an estate?
Squatters’ rights cannot be claimed if the property is part of an estate, as the ownership will be determined through the probate process.

7. Should I seek legal advice to claim squatters’ rights?
Yes, it is highly recommended to consult with a real estate attorney who specializes in adverse possession laws in North Carolina to understand the complexities and ensure you meet all the necessary requirements.

In conclusion, squatters’ rights in North Carolina allow individuals to claim ownership of a property they have possessed openly, exclusively, and continuously for at least 20 years. However, it is important to fulfill various requirements, such as paying property taxes and possessing the property without the owner’s permission. Seeking legal advice is crucial to navigate the intricacies of the law and protect your rights when claiming squatters’ rights in North Carolina.