Of course, there are some hurdles to clear before someone can claim a piece of your North Carolina land using this theory. Adverse possession is a legal concept that allows a trespasser—sometimes a stranger but more often a neighbor—to gain legal title over someone else's land. A trespasser’s possession must be (i) hostile (against the right of the true owner and without permission); (ii) actual (exercising control over the property); (iii) exclusive (in the possession of the trespasser alone); (iv) open and notorious (using the property as the real owner would, without hiding his or her occupancy); and (v) continuous for the statutory period (which is usually 20 years in North Carolina, under N.C. Gen. Stat. 3. What should you do if you spot a trespasser or a neighbor encroaching on your North Carolina land? As a homeowner and Tar Heel, your property is likely your most valued asset. § 1-40). Any property that is held by North Carolina’s state and local government entities is typically immune from adverse possession actions. Easements involve shared rights with others in pieces of property, whereas adverse possession results in a shift in title, and the corresponding right to exclude others from the property. the trespasser holding a deed that includes the disputed land. For example, in North Carolina, concealed handguns may not be carried: In law enforcement or correctional facilities such as a prison. North Carolina law recognizes two classes of land users: trespassers and invitees.. The neighbor can be made to remove unauthorized plantings on your property. *667 McElwee, McElwee, Cannon & Warden by William H. McElwee, III, North Wilkesboro, for plaintiff-appellant. 16 West Jones Street. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision. I believe this is called an easement by prescription. Either way, you’ll need to learn about North Carolina’s adverse possession laws. 1-53(1). North Carolina’s government always has first priority when it comes to ownership. These include: As you can see, these mainly address situations where there was confusion over ownership rather than an outright attempt to take over another person's land. License Law and Rules Comments The License Law and Rules Comments are intended to assist licensees and applicants with their knowledge of the North Carolina Real Estate License Law and Real Estate Commission rules. I own @.7 and I think my neighbor owns @.6 acres--we both have around 40 ft. of road frontage. Typically, the required bond amount is shown in the approved encroachment agreement. NC Gen Stat § 1-52 (2015) What's This? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Nieghbors cannot plant on your property without permission. Click Log In to access the Online Encroachment Submission section of Connect NCDOT. https://ncdot.maps.arcgis.com/home/webmap/viewer.html?webmap=4cdbe2d696cc4e9dbe163f3ff74b38f1, https://www.ncdot.gov/contact/Pages/county-contacts.aspx, © North Carolina Dept. It looks like your browser does not have JavaScript enabled. In addition, the property owner … Raleigh, NC 27601 (919) 733-4111 (Main) (919) 715-7586 (Fax) Read more about easements. There is no single statute in North Carolina that dictates the elements that a trespasser must establish to prove adverse possession. The law provides the least amount of pro tection to a trespasser, that is, someone who enters the premises of another without permission or any other right to be there. August 5, 1986. 2015 North Carolina General Statutes Chapter 1 - Civil Procedure. Out-of-state permit holders should familiarize themselves with North Carolina’s laws. In the case of corporate surety bonds, the encroaching party is responsible for notifying the bonding company along with a copy of the encroachment authorization letter. Determine a District Office based on county - https://ncdot.maps.arcgis.com/home/webmap/viewer.html?webmap=4cdbe2d696cc4e9dbe163f3ff74b38f1, Contact a District Office - https://www.ncdot.gov/contact/Pages/county-contacts.aspx. Performance and indemnity bonds may be required from the applicant of an encroachment agreement for utility installations to be placed within the limits of highway rights-of-way. The concept first developed in early Britain. Under North Carolina Law, encroachment is treated as a "continuing trespass." laws of the State of North Carolina, insurance in the amount of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury (including death) and property damage caused by the performance of any Work, the encroachment, and/or the use of any said encroachment… It has been kept alive in order to achieve a fair result when one owner has neglected or forgotten about a piece of land while another has been using or caring for it for so long that to make him or her leave would seem unfair, or create hardship. Bonds are accepted in the following forms: Personal checks or certificates of deposit are NOT acceptable forms of bonds. There is no standard land encroachment complaint letter, and the best advice is to keep things simple. This option has the advantage of preserving good will between you and your neighbor. Your first move, of course, is to speak with the person and ask that he or she remove all structures from, and refrain from entering onto, your property. Easements Appurtenant – An easement appurtenant benefits adjoining land, no matter who owns the adjoining land. The Webmanager is unable to assist users of this service with legal questions. Adverse possession should not be confused with having an easement to use another person's property—for example, when a neighbor has an easement to use your driveway to access his or her property. So, if you live next to an unused state park in Raleigh, you won’t be able to “annex” a larger yard by building a shed and waiting two decades. 1-52. Moreover, you yourself may eventually want to assert a claim for adverse possession against another individual’s land. Court of Appeals of North Carolina. Legislative Building. PARKER, Judge. An encroachment is when property #1 uses part of #2 for their use. or serviant and subserviant property rights. Obviously, pretty much all of these are no longer enforced but according to DumbLaws.com, they’re still technically laws. Generally, N.C. Gen. Stat. In other words, if you hold legal title to a piece of land, you are its presumed owner until and unless the adverse possessor can come up with enough compelling evidence and arguments to convince a judge to give him or her ownership over all or a portion of it. If it is necessary for property owner #1 to use your property to get to theirs there is usually a driveway easement on the deed to cover this. A creditor thus barred of a recovery against the representative of any principal debtor is also barred of a recovery against any surety to the debt. An owner of property that shows proof that their neighbor has committed encroachment is allowed to the damages that were caused for the loss of value of the land during that time of encroachment. You can mark the boundary of your property. One major hurdle is that the burden of proof to establish a claim of adverse possession is on the trespasser. In addition to these factors, North Carolina courts have also repeated certain pieces of evidence that are likely to weigh in favor of granting a trespasser adverse possession. Links to both the acts and administrative rules are provided below: Boiler Safety Bureau. Imagine that Frank and Ginger live next to one another in a suburb outside of Raleigh. law for creditors of the deceased to present their claims, where no personal service of such notice in writing is made upon the creditor. Do Not Sell My Personal Information, Nolo's Essential Guide to Buying Your First Home, Homeowners: Taxes, Improvements, and More, the trespasser having supposedly purchased the land, in good faith, the trespasser having paid taxes on the property, the trespasser having made repeated attempts to exclude others from the land, and. Statute of Limitations for Actions to Remove Encroachments from Easements Returned to 20 Years By Matthew D. Rhoad In 2007, the North Carolina Court of Appeals held in Pottle v. Link, 187 N.C. App. You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. Performance and Indemnity Bonds for Encroachments Given that, protecting your investment is crucial. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. Proposed Rule Adoption . More Than 10,000 North Carolinians Have Died of COVID-19 Feb. 9, 2021 | 1:25 p.m. This is a legal method for determining the rightful owner of land. The North Carolina General Assembly passed a law that requires local governments to provide written notice of proposed changes to a zoning ordinance to the commander of the military base not less than 10 days nor more than 25 days before a public hearing, if the change would affect the permitted uses of land located five miles or less from a military base. Effective December 1, 2011, North Carolina automatically recognizes concealed carry permits issued in any other state. Either party may terminate this My neighbors house and driveway are really close to my property line The homes were put in @ 10 years … The N.C. Department of Labor enforces various acts set forth by the N.C. General Assembly. Utility Encroachment Agreement Form Requirements, 16.1 - Two-Party, Utility, Primary and Secondary Highways (Non-C/A), 16.1A - Two-Party, Non-Utility, Not Related to Road Construction, 16.1B - Two-Party, Related to Road Construction, 16.1C - Two-Party, Piping of Treated Effluent, 16.3 - Blanket, Plowed-In Telecommunications Cable, 16.3A - Blanket, Trenched-In Telecommunications Cable, 16.5 - Blanket, Underground Utility Service Connection, 16.5A - Blanket, Aerial Utility Crossings & Taps, 16.7 - Grading or Alteration of Drainage (C/A), Private Engineering and Professional Services Firms, Estimates, Materials & Approved Products for Utilities Work, Easements & Right of Way for Utilities Construction, Standard Specifications, Drawings & Provisions for Utilities Work, Submit Your NCID for Encroachments Submissions. In the case of certified or cashier’s checks, upon receipt of the written release request, the Division Engineer (or his representative) will notify the State Controller for release of the bond. This order is particularly helpful if you are seeking to sell your property, and need to reassure potential buyers regarding where the boundaries to your land lie, and who owns what. Fences, Sheds, driveways etc. Term. Either way, you’ll need to learn about North Carolina’s adverse possession laws. To avoid liability, the law requires only that the landowner avoid willful or wanton injury to the trespasser. Eventually, Frank builds an entire outdoor kitchen there, complete with pavers, heat lamps and fire pit. These types of documents tend to support an inference that the trespasser acted in good faith, and should be awarded possession. North Carolina Licensing Board for General Contractors. Upon receipt of the written request for release, NCDOT personnel will perform a final inspection of the project. Bonds are eligible for a release a minimum of one year from the date of satisfactory completion of the work. Each state has its own quirky laws but North Carolina has some downright weird ones. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Please direct encroachment related questions to: Larry Sanders, PE 919-707-6979 encr@ncdot.gov. of Transportation |. In some states, the information on this website may be considered a lawyer referral service. In an action to quiet title, you’re asking a North Carolina state court judge to issue an order declaring that you, and not the trespasser, are the true owner (and title holder) of the land. Encroachment on right of way easement in North Carolina I live in NC - a residential neighborhood in a cul-de-sac. Further details for each type of acceptable bond can be found below. Rather, the courts have established a variety of such factors over many decades of issuing decisions in individual cases. These concepts may be easier to understand with a hypothetical. The North Carolina General Assembly offers access to the Statutes on the Internet as a service to the public. Color of title is just a legal way of saying that an individual has some sort of legal documentation to support his occupation—for example, a faulty deed, or tax payment records. Corporate surety bonds must be signed by an authorized agent of the surety company, who must be a resident of North Carolina, and a Power of Attorney authorizing him to sign must be attached to the bond. To make sure that all of your land remains yours, it makes sense to keep an eye on your property lines. North Carolina courts have developed law regarding "spite fences," which are defined as walls or fences that serve no beneficial use to the owner and are built solely to annoy a neighbor. Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. A property owner that proves the encroachment of a neighboris entitled to damagesfor the lost value of the land during the period of encroachment. § 1-52 - Three years. relative hardship doctrine and its application to cases of permanent encroachment in North Carolina prior to 1990. North Carolina Flood Risk Information System (FRIS) , Continued 17 Nature Doesn’t Read Flood Maps 18 Old Format Flood Insurance Rate Map 19 Future Conditions Floodplain Mapping 20 Use the Riverine Flood Profile to Determine BFE 21 Approximate Flood Zones and Unnumbered A Zones 22 AE Flood Zones With Non-Encroachment Areas 23 Limited Detailed Study 24 Using Data from Limited Detailed … Below is a list of NCDOT's encroachment agreements along with descriptions of when and where they are applicable. The term of this Agreement is the shorter of the life of Facilities or thirty (30) years. Different states have different statutes of limitations for various types of civil actions and crimes, and North Carolina … About Laws and Administrative Rules. A North Carolina judge would be hesitant to suddenly eject Frank after all that time. See Laws & Regulations. 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