What is adverse possession?

Adverse possession is a legal concept that allows someone, who is not the original owner, to take ownership of a piece of property. This usually occurs when a trespasser has been living on the land for an extended period of time and established some type of legal title to the property. In North Carolina, the required amount of time for a claim of adverse possession is generally 20 years. In order to claim adverse possession, the possessor must prove that they have openly and continuously resided on the property for the required amount of time and have paid for any associated taxes or fees. They must also prove that they have either acted as the property owner or have taken reasonable steps to maintain the property. Additionally, they must show that the original property owner was aware of their presence on the land and did not attempt to reclaim it for an extended period of time. Once the required criteria has been met, the possessor can take legal ownership of the property and may even be entitled to a title deed. However, even if a title deed is not issued, the possessor still has the right to exclusive possession and use of the property. Adverse possession is a complex legal concept that can only be determined on a case-by-case basis. As such, individuals in North Carolina who are considering pursuing an adverse possession claim should consult with a qualified attorney to ensure that they are doing everything in accordance with the law.

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