Squatter’s Rights in North Carolina
In North Carolina, squatters can claim property through adverse possession after 20 consecutive years of occupation, or just 7 years with color of title. Unlike trespassers (who enter property without living there) or holdover tenants (whose leases have expired), squatters occupy vacant or abandoned properties without legal permission, sometimes with legitimate belief of ownership.
To establish adverse possession in North Carolina, squatters must meet five requirements: hostile possession (no valid lease/rental agreement), actual possession (actively living in the property), open and notorious possession (visible occupation), exclusive possession (preventing others from living there), and continuous possession for the required time period. Unlike some states, North Carolina doesn’t require squatters to pay property taxes, though doing so may strengthen their case.
The process for claiming adverse possession is complex and difficult. Squatters must gather substantial evidence, file a quiet title complaint, attend court hearings, and convince a judge they’ve met all requirements. The burden of proof is extremely high, often requiring legal representation, and most squatter situations don’t result in successful ownership claims.
Removing squatters in North Carolina requires following the full eviction process: serving formal notice, filing a complaint with the court, attending a hearing, and obtaining a writ of possession. Prevention measures include regular property inspections, security systems, “No Trespassing” signs, maintaining relationships with neighbors and law enforcement, and considering professional property management for vacant properties.