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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37001
Experience:  Texas Attorney for 30 years dealing in real estate
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The parking lot of our church was paved 8-9 years ago and inadvertently

Customer Question

the parking lot of our church was paved 8-9 years ago and inadvertently encroached on an adjoining land owners property by 3-4 feet. It was not detected that this error was made until recently, 8-9 years later. The land owner is threatening to dig up our parking lot over the matter.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.
Hi and welcome to JA. Ray here to help you tonight. You may have a claim under adverse possession if you can show color of title.Color of title means that the adverse possessor has a document or reason to believe that the land is legally theirs. This is not a requirement in North Carolina, but will reduce the statutory period from twenty years to seven years. The legal doctrine known as "adverse possession" allows trespassers who openly inhabit and improve an otherwise abandoned piece of property to gain title to that property after certain conditions are met. For instance, North Carolina's adverse possession laws require an individual to occupy an otherwise neglected property publicly for at least 20 years, or seven years with "color of title" (meaning he or she has reason to believe they have the right to possess the property).The following chart lists the main provisions of North Carolina adverse possession laws, and in-depth information follows.Code Section1-38, et seq.; 1-17Time Period Required for Occupation20 yrs.and Color of Title: 7 yrs.Time for Landowner to Challenge/Effect of Landowner's DisabilityAfter disability lifted: 3 yrs.Improvements-Payment of Taxes-Title from Tax Assessor- See more at: http://statelaws.findlaw.com/north-carolina-law/north-carolina-adverse-possession-laws.html#sthash.psMNvWLy.dpuf You may want to review your deed with local real estate lawyer to see if you can claim adverse possession.Lawyer would file suit if unresolved--called a suit to quiet tile and have courts award you clear title.This would resolve this matter.
Expert:  Ray replied 8 months ago.
Lawyer referral here. http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/north-carolina I appreciate the chance to help you tonight.Thanks again and good luck here.

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