"Hostile" does not mean that there is any aggression between the trespasser and the actual owner. 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. North Carolina requires that trespassers use the land openly and publicly in order to make a claim. 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"
Requirements for Adverse Possession in North CarolinaĮvery state has its own specifics for adverse possession, and North Carolina is no exception. 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. One of the biggest justifications for adverse possession is that it gives title to the person who gives a beneficial use to the land. Time for Landowner to Challenge/Effect of Landowner's Disability The following chart lists the main provisions of North Carolina adverse possession laws, and in-depth information follows. 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 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.
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