Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

What rights do sqatter have! I'm trying to sell my home.

Customer Question
what rights do sqatter have! I'm trying to sell my home.
Submitted: 1 year ago.Category: Real Estate Law
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
8/5/2016
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,716
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

Can you tell me how long the squatters have been in your home or on your land. North Carolina has very specific requirements for adverse possession (squatters rights)

"North Carolina Squatter's Rights

Squatters' rights in North Carolina are addressed in the state's adverse possession laws. Adverse possession refers to the occupation of property belonging to another person without the owner's permission. If the squatter appears to be living on the property as a rightful occupant and fulfills every legal requirement of adverse possession, he may be able to eventually obtain title to the property as the legal owner...

Title Through Adverse Possession

North Carolina adverse possession laws require squatters to meet the strict requirements of the law:

  • Twenty years of continuous possession
  • Exclusive possession of the property, showing characteristics of a legal owner, such as residence and improvements
  • Display possession hostile to the owner by living openly on the property without the owner's consent

If a squatter meets all of these conditions for the statutory period, in this case 20 years, then he may obtain legal ownership." http://www.ehow.com/info_7896572_north-carolina-squatters-rights.html

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

"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.; 1-17

Time Period Required for Occupation 20 yrs. and Color of Title: 7 yrs.

Time for Landowner to Challenge/Effect of Landowner's Disability After disability lifted: 3 yrs.

-

Justifications for Adverse Possession

One of the biggest justifications for adverse possession is that it gives title to the person who gives a beneficial use to the land. Rather than let the land go unused by the actual owner, the adverse possessor usually makes improvements to the land and doesn't let it sit around wasted.

Requirements for Adverse Possession in North Carolina

Every state has its own specifics for adverse possession, and North Carolina is no exception. The basic requirements for every adverse possession claim are open and notorious use, hostile claim, exclusive use, continuous use, using for the statutorily defined time period, and sometimes having "color of title"

Open and Notorious Use

North Carolina requires that trespassers use the land openly and publicly in order to make a claim. This gives the actual owner the opportunity to see the trespassers use, and tell the trespasser to leave if the owner is actually using the land.

Hostile Use

"Hostile" does not mean that there is any aggression between the trespasser and the actual owner. It means that the trespasser's use of the land has to be incompatible with the actual owner's use and ownership of the land. Generally, this must mean that the owner has not given the adverse possessor permission to use the land.

Exclusive Use

Just like actual ownership, the adverse possessor has to use the land exclusively in order to make a claim for the land. If the adverse possession claimant is only one of many people who use the land, they probably don't have a strong claim.

Continuous Use

The adverse possessor must use the land continuously, and not intermittently. This doesn't mean that they have to be on the land constantly, just that they have to use the land continuously like an actual owner would.

For the Statutory Period

North Carolina's statutory period for adverse possession is twenty years. This means that the adverse possessor must fulfill the above requirements for twenty years before they have a valid claim for adverse possession. If the adverse possessor has "color of title", the statutory period is seven years.

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." http://statelaws.findlaw.com/north-carolina-law/north-carolina-adverse-possession-laws.html

They also need a court to place them on the title in a quiet title action to have real ownership to sell.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Thank you for using JA! We appreciate your business.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 1 year ago

Please ignore the additional services request. There is no additional charge for continuing with this question. Any feedback from you would be helpful to assist me in making sure I have answered your question and that you have the information you need.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,026
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as it seems your previous contributor had to leave. Did you have any further questions I can assist you with?
Ask Your Own Real Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 121,026
121,026 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I need an attorney re: evicting a tenant, likely to claim
I need an attorney re: evicting a tenant, likely to claim squatters rights. The property is in Hemet/Temecula … read more
Lori
Lori
Juris Doctor
268 satisfied customers
Squatters rights in mo, 2 acres was given to husband 30
squatters rights in mo, 2 acres was given to husband 30 years ago. Never was put in his name. Parents are now divorcing, fatherinlaw not wanting to put property in husbands name now … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
I have an NYC Uncontested Divorce that has been signed by a
I have an NYC Uncontested Divorce that has been signed by a Special Referee on 11/1/2017 but the effective date has not been fully processed by the Queens County Clerk Office. I was told by the Divorc… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
FOR SOCRATEASER ONLY: Question about Squatters Rights.
FOR SOCRATEASER ONLY: Question about Squatters Rights. Please refer to previous question I had asked you. (see link below) Because, now I want to know if a neighbor of the deceased (who used to help h… read more
socrateaser
socrateaser
1,031 satisfied customers
If I let a boyfriend live in a house that is titled to me,
if I let a boyfriend live in a house that is titled to me , can he at anytime make claim to the deed as a swatters law home is iin n.c. … read more
Damien Bosco
Damien Bosco
3,376 satisfied customers
The owners of a property are both deceased so can i file
the owners of a property are both deceased so can i file squatters rights on the property .. it has been vacant for over 20 yrs … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
A relative has 'temporarily' moved into my home as he was
A relative has 'temporarily' moved into my home as he was evicted from his. How long can he stay without claiming squatter rights? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
I am in New Jersey State dealing with a squatter neighbor, I
I am in New Jersey State dealing with a squatter neighbor … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
If I allow someone to put a fence on my uninhabited property
If I allow someone to put a fence on my uninhabited property and keep livestock there, can they claim some sort of squatters right? What do I need to do to protect myself from this situation becoming … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My building has a nyc dob vacate order, and is currently
my building has a nyc dob vacate order, and is currently vacant. can a squatter claim rights if they decide to reside in the house? … read more
Attyadvisor
Attyadvisor
Attorney
7,716 satisfied customers
We have been using our neighbors back lot for storage and we
Hi ,we have been using our neighbors back lot for storage and we mmaintain it .Also the previous owner as well .Its been in use for 30 years .now code enforcement wants us to move our garage 10 feet f… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
Is there a thing about squatters right?Are neibors moved out
is there a thing about squatters right?Are neibors moved out about 5 months ago and we always cut there grass and all because they never did been doing it for 7 years .Well today they got note on ther… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am getting ready to buy my deceased fathers house from my
I am getting ready to buy my deceased fathers house from my brother, his son had been living in it for 4 years, but my brother told him to move out. But when I talked to my brother, he said something … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My daughter and I have been living in my home since she was
My daughter and I have been living in my home since she was 2 years old. She is now 35. Her boyfriend moved in with us and eventually married. 2 years ago she snapped and became very hostile towards m… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
What are the squatters rights laws for New York Stae. New
What are the squatters rights laws for New York Stae … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In the state of North Carolina, does squatter rights apply
In the state of North Carolina, does squatter rights apply to a water well? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am just curious about squatters rights, as a situation has
I am just curious about squatters rights, as a situation has arose between my father in law and the person he is renting to … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,866 satisfied customers
I had a question about squatter's rights in (particularly
Hello, I had a question about squatter's rights in Virginia (particularly Fairfax county). I have been living at an apartment for 2 years and 3 months. My friend was the tenant and I paid rent / utili… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x