North Carolina Squatters Rights: Adverse Possession and Removing Occupants

North Carolina requires twenty years of possession for adverse possession, or seven years under color of title. Owners generally remove unauthorized occupants through the courts or, for recent entries, as trespass.

North Carolina squatters rights at a glance

Rule	North Carolina	Law
Adverse possession period	Adverse possession requires twenty years of possession under known and visible boundaries.	N.C. General Statutes section 1-40
Claim under a document (color of title)	A claimant holding a document that appears to give title can win after seven years of possession under known and visible boundaries.	N.C. General Statutes section 1-38
How owners remove occupants	Owners generally remove unauthorized occupants through a court case, though police may treat a recent entry without permission as trespass.	N.C. General Statutes (trespass and summary ejectment)

Adverse possession

An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.

Adverse possession period. Adverse possession requires twenty years of possession under known and visible boundaries. (N.C. General Statutes section 1-40)

Claim under a document (color of title). A claimant holding a document that appears to give title can win after seven years of possession under known and visible boundaries. (N.C. General Statutes section 1-38)

Removing an unauthorized occupant

How owners remove occupants. Owners generally remove unauthorized occupants through a court case, though police may treat a recent entry without permission as trespass. (N.C. General Statutes (trespass and summary ejectment))

Where the case is filed. Summary ejectment cases are filed in small claims court in the county where the property is located and are usually heard by a magistrate. (N.C. General Statutes sections 42-26 to 42-36 and Chapter 7A)

Why force backfires

Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.

Self-help eviction. A residential tenant may be removed only through the court process, so lockouts, utility shutoffs and other self-help evictions are not allowed. (N.C. General Statutes sections 42-25.6 to 42-25.9)

Protecting a vacant property

Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.

Mistakes to avoid

• Waiting months to act after someone moves in.
• Changing locks or removing belongings yourself.
• Accepting rent or utility payments from the occupant.
• Leaving a vacant property unchecked for long stretches.