Squatters Rights in North Carolina & Adverse Possession Laws 2024

Squatters rights in North Carolina can cause quite a legal predicament.

Not only may squatters require formal eviction to be removed, but they can even claim property rights once they meet specific legal requirements through a process called adverse possession.

Property owners dealing with squatter situations should review North Carolina landlord-tenant laws, understand squatters’ rights, and proactively safeguard their properties from potential adverse possession claims.

Stay tuned, and we’ll cover all of these matters and more.

Trespassers vs. Squatters

Before diving into the legality of squatting in North Carolina, it’s vital to understand the main differences between a trespasser and a squatter.

• Trespassers encroach on someone’s property and intend to stay there for a short time. Trespassing is usually considered a criminal offense.
• Squatters encroach on someone’s unoccupied or abandoned property and intend to live there for an extended time. Squatting is usually considered a civil matter.

Here are a couple of quick examples:

• Someone who walks through your home’s backyard without your permission is a trespasser.
• Someone who settles in at your vacant property and lives there without your permission is a squatter.

Important Note: Law enforcement can usually remove short-term trespassers from properties relatively quickly, while long-term squatters who have established a presence might require formal eviction to remove.

When possible, notify law enforcement of short-term trespassers before they can establish themselves as long-term squatters.

Legality of Squatting in North Carolina

Squatting, a form of trespassing, is technically illegal in North Carolina, though it’s usually treated as a civil (not criminal) matter in court.

All squatters begin as trespassers, so it is crucial to address them before they can establish a presence on your property. Handling a trespasser properly means contacting law enforcement quickly and enlisting them to cite and remove the intruder on your behalf.

Criminal trespassers in North Carolina face:

• Fines of up to $1,000
• Up to 60 days in jail

Landlords who don’t address trespassers before they become squatters will face more of an uphill battle to force them to vacate. Once a squatter has established a living presence at a property, law enforcement can’t legally remove them without a Writ of Possession from a successful eviction lawsuit.

Eviction lawsuits are handled in civil courts and often require landlords to spend significant time and money to resolve.

Squatters Rights and Adverse Possession Laws in North Carolina

We mentioned earlier that North Carolina squatters can legally claim a landowner’s property through a process called adverse possession. That’s the bad news.

The good news is that adverse possession claims are extremely rare in North Carolina. They require squatters to jump through a complex series of legal hoops while occupying properties for seven or 20 years (depending on the scenario; see below).

How North Carolina Squatters Can Claim Property Through Adverse Possession

According to the North Carolina General Assembly, a squatter must demonstrate the following possession types to claim property rights through adverse possession:

• • Hostile: Squatter must occupy the property without permission from the landowner.
  • Actual: Squatter must exercise complete control over the property.
  • Open and Notorious: Squatter must demonstrate ‘out in the open’ occupancy that is known to others. (Hiding within properties doesn’t qualify.)
  • Exclusive: Squatter must act as the rightful owner and prevent others from cohabitating on the property.
  • Continuous: Squatter must reside on the property for a continuous statutory period (see below).

If a North Carolina squatter can meet all of the above prerequisites, they are eligible to claim a property via adverse possession after fulfilling one of the following time requirements:

• The squatter must occupy the property and possess a color of title (a title or deed that appears valid) for at least seven consecutive years (NCGS § 1-38).
• The squatter must occupy the property for at least 20 consecutive years (NCGS § 1-40).

Note: Requirements for the timeframes listed above are mutually exclusive, meaning squatters who occupy properties for 20 years don’t need to possess a color of title to gain possession.

Landlord Rights & Responsibilities

In regards to squatting situations, North Carolina landlords have the right to:

• Issue a 10-day Notice to Quit, demanding that the squatter leave their property.
• File an eviction lawsuit with the North Carolina courts.
• Negotiate a cash-for-keys settlement that pays the squatter the vacate.

With regard to squatting situations, North Carolina landlords are obligated to:

• Allow the squatter to live peacefully at the property until evicted.
• Refrain from attempting to remove squatters via self-help evictions.

Squatter Rights & Responsibilities

Squatters in North Carolina don’t gain any special rights once they inhabit an unoccupied or abandoned property.

They do, however, retain the right to:

• Live peacefully at the property in question until evicted by the landlord
• Claim property through adverse possession after seven or 20 years of consecutive occupation

In regards to eviction, North Carolina squatters are obligated to:

• Comply with a Notice to Quit issued by a landlord.
• Adhere to eviction proceedings as mandated by the court.
• Peacefully vacate the property when officially evicted by law enforcement with a Writ of Possession.

How to Evict Squatters in North Carolina

If North Carolina landlords can’t persuade squatters to leave under their own volition, they might need to file an eviction lawsuit to remove them. Here are the steps landlords can take to evict squatters:

• Collect evidence against the squatter: From the start, compile as much evidence as possible that could be used against the squatter in court.
• Issue the squatter a Notice to Quit: Present your squatter with a document demanding they vacate your property within ten days. If you’re fortunate, they will leave.
• File an eviction lawsuit: If the squatter stays put, you’ll need to file an eviction lawsuit with the North Carolina courts as a next step towards their removal.
• Issue the squatter a summons: Once the lawsuit is processed, an official process server will hand deliver a court summons and a copy of the lawsuit to the squatter.
• Attend a court hearing: You and the squatter will have a chance to present your cases to a judge. After the judge’s decision, there will be a 10-day waiting period for appeals.
• Obtain Your Writ of Possession: If the judge rules in your favor and there are no appeals, you’ll obtain a Writ of Possession from the courts, allowing sheriffs to evict.
• Enlist law enforcement to evict the squatter: After being presented with a Writ of Possession, the sheriff’s office must remove the squatter within five days.

Legal Note: Attempting to physically remove squatters, changing the locks, or turning off utilities are forms of self-help eviction, which is illegal in North Carolina. Do not attempt force the removal of a squatter via these methods.

Legal Help for Landlords in North Carolina

North Carolina landlords engaged in a squatter situation should consider utilizing an attorney to help them throughout the legal process. Here are a few resources we recommend:

• North Carolina Bar Association Lawyer Referral Service: Connects landlords with attorneys specializing in landlord-tenant law for a $50 consultation fee.
• Judicial Branch of North Carolina Landlord-Tenant Issues: Provides landlords and tenants with information regarding evictions, appeals, and legal representation.
• North Carolina Landlord-Tenant Law: Our detailed write-up of landlord-tenant laws in North Carolina tenants. Scroll to the bottom for a comprehensive list of resources.

Preventing Future Squatter Situations

The best remedy for a potential squatter situation is to deter them from choosing your property in the first place. Here are a few tips to keep squatters at bay:

• Visit your property often: Checking in on your property frequently and establishing a presence will give potential squatters pause. 

• Fortify your property’s entry points: Install heavy-duty locks on doors and reinforce windows to prevent squatters from breaking in.

• Keep up with your property’s maintenance: Doing yard work, collecting mail, and performing other essential tasks will give your property a lived-in look.

• Install security systems: Arm your property with alarm systems and security cameras that alert you if an intruder attempts to enter.

• Ask your neighbors to inform you of suspicious activity: Talk to trusted neighbors and ask them for help keeping an eye on your property while you’re away.

Keep Your Properties Occupied with TurboTenant

Filling properties with dependable tenants is another way landlords can prevent unauthorized tenants from creating situations where squatters rights in North Carolina come into view. Here’s how our free property management software can help:

• Advertise your properties to a sea of possible renters.
• Generate rental applications that collect a potential tenant’s essential data.
• Screen applicants to ensure the selection of upstanding tenants.
• Create North Carolina rental agreements that discourage lease-breaking that leads to vacancies.

Sign up for a free TurboTenant account today to start filling your properties with great tenants.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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