What are the filing deadlines for a real estate dispute?

In North Carolina, filing deadlines for real estate disputes vary depending on the type of action being brought. Generally, for cases involving a breach of contract, unlawful detainer (forcible entry and detainer), civil actions for ejectment, or other real estate disputes, the complaint should be filed within six months of the cause of action accruing. Cases involving actions for quiet title of land must be filed within ten years of the cause of action accruing, or the claim is barred. Additionally, if the real estate dispute involves an action for the partition of land, the complaint must be filed within two years of the act or event giving rise to the right to seek such relief. There are a few other filing deadlines specific to North Carolina real estate law, including an action for partition of land must be brought within three years of the unoccupied and uncultivated land becoming occupied and cultivated, or within five years of possession taken if the partition action is sought by a purchaser of the land. Additionally, land taken by adverse possession cannot be recovered by the original owner more than twenty years after the property was encumbered. It is important to note that any of these filing deadlines may be extended or waived for good cause shown by the court, however this is decided on a case by case basis. It is best to consult an attorney prior to filing in order to be informed of the applicable filing deadlines for your particular real estate dispute.

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