What is an adverse possession claim?

Adverse possession is a legal principle in North Carolina that allows a person to become the rightful owner of a property through occupying it for a certain period of time. To qualify for an adverse possession claim, the occupier must prove that they have been living on the property with exclusive use and in full view of the public for a certain amount of time without the permission of the legal owner. In North Carolina, the statute of limitations for adverse possession is 20 years. This means that the occupier must prove that they have been in exclusive possession and use of the property for a period of 20 years or more. In addition, the occupier must prove that they have performed all necessary tasks such as mowing the lawn and paying taxes on the property. The process of filing an adverse possession claim in North Carolina may vary from county to county. Generally, the occupier must file a petition with the clerk of court in the county where the subject property is located. In the petition, the occupier must present evidence to prove that they have been in exclusive use and possession of the property for over 20 years. After review, the court will determine if the claim has met the necessary requirements. Once an adverse possession claim is approved, the legal owner of the property will have no legal right over the property and it will be transferred to the adverse possessor. In this way, the adverse possessor has officially become the rightful owner of the property.

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