Understanding Adverse Possession in North Carolina

Adverse possession, also known as title by prescription or prescriptive title, is a legal doctrine that allows a person to gain legal ownership of real estate if they possess it for a certain period of time and meet other legal requirements. This type of title can even take precedence over a recorded deed or title acquired through inheritance, making it a powerful legal tool in real estate disputes.

Legal Requirements for Adverse Possession

To claim title by adverse possession, a person must possess the property for the required period and demonstrate that their possession was visible, open, and uninterrupted. Additionally, the person must act in a way that provides notice to others that they are asserting ownership. Common actions that can support an adverse possession claim include:

• Placing a fence along the property boundary.
• Cultivating the land or making improvements to it.
• Cutting timber or otherwise using the property as if they were the owner.

It’s important to note that the possession must be continuous; if the property is possessed by someone else during this time, the clock resets, and the time required for an adverse possession claim starts again. Various subtle legal requirements must also be met for a claim of prescriptive title to succeed.

At Ferikes Bleynat & Cannon, our land dispute attorneys can assess whether your property may be subject to an adverse possession claim. We provide legal advice on the steps necessary to either assert your claim to property or protect your ownership rights from such claims.

Time Requirements for Adverse Possession

In North Carolina, the standard time requirement for acquiring title through adverse possession is 20 years. However, if the claimant has a deed that purports to include the property in question, they may be able to claim title after 7 years. 

Tacking and Adverse Possession

The concept of tacking allows a claimant to add the period of possession by a previous possessor to their own time of possession in order to meet the statutory requirement. Whether tacking can be applied depends on several factors, including the relationship between the claimants and whether all legal elements of adverse possession were satisfied by the prior possessor.

Protecting Your Property Rights

If you believe your property may be at risk of an adverse possession claim, it’s crucial to seek legal advice as soon as possible. Failing to take timely action could result in the statute of limitations working against you, potentially costing you your property rights.

Similarly, if you believe you have acquired property through adverse possession, documenting your claim properly is essential to avoid future disputes or litigation. The land dispute attorneys at Ferikes Bleynat & Cannon can help you navigate this complex legal process, ensuring that your property rights are protected.

Contact Ferikes Bleynat & Cannon for Legal Assistance

Whether you are seeking to assert a claim of adverse possession or defend against one, the experienced land dispute attorneys at Ferikes Bleynat & Cannon are here to help. Contact us today for a consultation to discuss your case and learn more about your legal options.