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Michelle
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.

DearCustomer/p>

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

 

 

Expert:  Michelle replied 10 years ago.

DearCustomer/p>

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

http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bychapter/chapter_47b.pdf

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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