How can I legally stop someone from crossing my property without permission? – North Carolina

Short Answer

In North Carolina, you can file a civil lawsuit for trespass and ask the Superior Court for a temporary restraining order and a preliminary injunction to stop the crossings. To get an injunction, you must show you are likely to win, money damages won’t fix the harm, and an order is needed to preserve the status quo. Venue is the county where the land lies; courts commonly require a bond and a quick hearing, and a TRO typically lasts up to 10 days.

Understanding the Problem

In North Carolina, a property owner wants to stop a person from crossing their land. The owner asks: can I make them legally stop, and how? Here, the owner holds sole title to inherited land, and the crosser insists they have access despite prior warnings from authorities.

Apply the Law

North Carolina law allows a landowner to sue for trespass and seek court orders to stop ongoing or threatened entries. If the crosser claims a legal right (like an easement), the court can decide whether one exists. Injunctive relief is available when you show a likelihood of success on the trespass claim, that legal remedies are inadequate, and that an order is needed to preserve the status quo during the case. Requests for a temporary restraining order (TRO) and preliminary injunction are governed by Rule 65. Cases about land are filed in the county where the property is located. A TRO typically lasts up to 10 days, after which the court holds a prompt hearing on a preliminary injunction. Courts usually require the plaintiff to post a bond.

Key Requirements

• Ownership/right to exclude: You must show you own the land or otherwise have the legal right to control access.
• No legal right of access: Show there is no recorded easement, court-ordered right, or qualifying implied/prescriptive easement for the route used.
• Ongoing or threatened trespass: Show continuing entries or a credible threat they will continue absent court relief.
• Injunction standards: Demonstrate likelihood of success, irreparable harm/inadequate money remedy, and need to preserve the status quo; expect to post a bond.
• Proper forum and venue: File in Superior Court, in the county where the land is located, and follow Rule 65 procedures for TRO/preliminary injunction.

What the Statutes Say

• North Carolina R. Civ. P. 65 (Injunctions and restraining orders) – Sets the rules for TROs, preliminary injunctions, notice, hearings, and bonds.
• N.C. Gen. Stat. § 1-76 (Venue for real property actions) – Actions involving real property are tried where the land lies.
• N.C. Gen. Stat. § 14-159.13 (Second-degree trespass) – Criminal trespass law; police may cite offenders, separate from your civil remedies.

Analysis

Apply the Rule to the Facts: You hold sole title to the inherited land, so you have standing to control access. The other party keeps crossing after warnings and claims a right; unless they can show a valid easement, continued entries are trespasses. Because repeated crossings can’t be fully remedied with money and are ongoing, a TRO and then a preliminary injunction are appropriate to preserve the status quo while the court decides any easement claim.

Process & Timing

1. Who files: Property owner. Where: Superior Court in the North Carolina county where the land is located. What: Verified complaint for trespass (and, if needed, declaratory judgment on no easement), motion for temporary restraining order and preliminary injunction, supporting affidavit(s), and proposed orders. When: File as soon as crossings persist; a TRO can be sought immediately and typically lasts up to 10 days.
2. Serve the defendant promptly. The court may issue a TRO and set a quick hearing on a preliminary injunction, often within about one to two weeks (timeframes vary by county). Be prepared to post a bond in an amount the court sets.
3. Attend the preliminary-injunction hearing. If granted, the court enters an order barring crossings during the case. Violations can be enforced by the court through contempt. The lawsuit then proceeds to resolve trespass and any claimed easement.

Exceptions & Pitfalls

• Existing access rights: A recorded easement, court order, or qualifying easement (for example, long, open, and adverse use over 20 years) can defeat a trespass claim; the scope and route of any easement matter.
• Permission defeats “adverse” use: Written permission, posted “No Trespassing” signs, and interruptions of use undermine prescriptive-easement claims.
• Procedure traps: File in the correct county; use a clear legal description and map/photos; support your motion with affidavits; and be prepared to post a bond under Rule 65.
• Self-help risks: Don’t confront or block access in a way that creates safety issues or legal exposure. Use court orders and law enforcement for enforcement.

Talk to a Real Estate Attorney

If you’re dealing with ongoing, unauthorized crossings across your North Carolina property, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.