How can I enforce property boundary after a neighbor’s encroachment? – North Carolina

Short Answer

In North Carolina, you can enforce a boundary by filing a special proceeding to establish the true line with the Clerk of Superior Court and, if needed, a civil action for trespass/encroachment to remove structures and recover damages. If there’s ongoing harm, you can ask the Superior Court for a temporary restraining order and preliminary injunction to stop further damage while the case proceeds. Record a lis pendens to alert buyers that the property is in dispute.

Understanding the Problem

You want to know how, in North Carolina, the titled owner can make a neighbor respect the property line after encroachment. Here, the neighbor allegedly removed survey markers and destroyed landscaping, and you have a recent survey showing the encroachment. The goal is to stop further harm quickly and fix the boundary in a way that is enforceable.

Apply the Law

North Carolina law provides two main tracks: (1) a boundary-line special proceeding before the Clerk of Superior Court to establish the true line, and (2) a civil action in Superior Court for trespass/encroachment to remove what crosses the line and to recover damages. If immediate protection is needed, the court can issue temporary restraining orders and preliminary injunctions to preserve the status quo. If a title dispute (like adverse possession) is raised, the boundary proceeding is transferred to the Superior Court for trial.

Key Requirements

• Boundary proceeding: File in the county where the land sits, provide a verified petition and survey; the Clerk can direct or rely on a survey to fix the line.
• Encroachment/trespass claim: Sue in Superior Court to remove encroachments (mandatory injunction) and recover proven damages to land or landscaping.
• Urgent relief: Show likelihood of success and risk of irreparable harm to get a TRO/preliminary injunction that stops further removal or construction.
• Transfer if title is disputed: If the neighbor asserts title-based defenses (e.g., adverse possession), the boundary proceeding moves to the civil docket for a judge/jury.
• Notice to the world: Record a lis pendens so any buyer takes subject to the result of your lawsuit.

What the Statutes Say

• N.C. Gen. Stat. § 38-1 et seq. (Boundary line proceedings) – Allows a landowner to file a special proceeding to establish the true boundary; title disputes get tried in Superior Court.
• N.C. Gen. Stat. § 1A-1, Rule 65 (Injunctions) – Sets requirements for temporary restraining orders and preliminary injunctions, including bond and preserving the status quo.
• N.C. Gen. Stat. § 1-116 (Lis pendens) – Lets you record notice that a real property action is pending so others are bound by the outcome.
• N.C. Gen. Stat. § 1-52(3) (Three-year limitation for trespass) – Trespass and injury to real property claims generally must be brought within three years.

Analysis

Apply the Rule to the Facts: Your recent survey supports a boundary-line special proceeding in the county where the property sits; the Clerk can rely on or direct a survey to fix the line. Because the neighbor allegedly removed markers and destroyed landscaping, a civil trespass/encroachment claim can seek a mandatory injunction to remove the encroachment and damages for the harm. Given the risk of further damage and safety concerns for your mother, the court can issue a TRO and then a preliminary injunction to stop any new work while the case proceeds. If the neighbor raises a title defense (like adverse possession), the boundary proceeding will transfer to the Superior Court for trial.

Process & Timing

1. Who files: The titled owner (your mother), through counsel. Where: Boundary proceeding with the Clerk of Superior Court in the county where the land is located; trespass/encroachment and injunction requests in Superior Court for that county. What: Verified petition to establish boundary line (special proceeding) and a civil complaint for trespass/encroachment with a motion for TRO/preliminary injunction; include the survey. When: File the injunction request immediately if further harm is likely; a TRO can issue quickly and generally lasts about 10 days, followed by a prompt hearing on a preliminary injunction.
2. Record a notice of lis pendens tied to the civil action and serve all necessary adjoining owners. The Clerk may appoint or rely on a licensed surveyor. If the neighbor asserts a title-based defense, the boundary proceeding is transferred to the civil docket; expect scheduling to vary by county.
3. Final outcome: A court order fixing the boundary and, if proven, an injunction requiring removal of any encroachment and a judgment for damages. Record any plat or order as needed so the boundary is clear of record.

Exceptions & Pitfalls

• If the neighbor claims title (adverse possession, agreed line, or deed superiority), the special proceeding will shift to the Superior Court for trial.
• Do not remove the encroachment yourself; seek a court order to avoid liability and preserve evidence.
• Preserve proof of damage (photos, invoices, surveys) and serve every necessary property owner to avoid dismissal or delays.
• Injunctions require evidence, a bond, and prompt hearings; be prepared with affidavits and your survey to show likely success and irreparable harm.

Talk to a Real Estate Attorney

If you’re dealing with a neighbor encroaching over your boundary and need fast protection plus a lasting fix, 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.