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Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience:  31 years of experience in criminal, real estate, juvenile and family law
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What is the law on squatters in North Carolina

Customer Question

We purchased a home in Sep. 2006. The neighbor moved the survey stakes about 25 ft over onto our property; says she has lived in her home for 10 years giving her "Squatters rights" to the additional land. The property was a rental with option to buy to several previous tenants, but we purchased straight out. Sorry now, but it's done.
Submitted: 10 years ago.
Category: Legal
Expert:  Michelle replied 10 years ago.


Did she move the stakes after you signed the contract and what does the survery plat show?



Expert:  Michelle replied 10 years ago.


Here is the thing

Adverse Possession can take place - but according to the NC Code it needs to be 30 years without a fight from the true property owner - so, I suggest you get an attorney who is well-versed in this matter to assist you with understanding the survery plat, relocating the land stakes and telling your neighbor to take a hike. It seems you might have to take this issue to court. But your neighbor cannot lay claim to the stolen property in her possession

It is the purpose of the General Assembly of the State of North Carolina to provide that if a person claims title to real property under a chain of record title for 30 years, and no other person has filed a notice of any claim of interest in the real property during the 30-year period, then all conflicting claims based upon any title transaction prior to the 30-year period shall be extinguished. (1973, c. 255, s. 1.)

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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