Can my decade of paying property taxes help prove my ownership in court? – North Carolina

Short Answer

In North Carolina, paying property taxes for 10 years helps, but it does not by itself prove ownership. Courts look for a legal basis to quiet title, such as adverse possession or a right to specific performance of a land sale contract. Tax receipts support your claim, especially if you also had open, exclusive possession. With a qualifying deed or other “color of title,” the time can be as short as seven years; without it, twenty years is required.

Understanding the Problem

You want to know if a decade of tax payments can prove ownership in North Carolina real estate court so you can clear title and build. Here, the seller vanished and the deed was never recorded. The narrow question is: can your tax payments, as the buyer, carry the day in court to establish ownership now?

Apply the Law

North Carolina allows a property owner or claimant to file a quiet title action in Superior Court to confirm ownership and remove clouds on title. Two common paths are adverse possession and enforcing a contract to convey. Adverse possession requires actual, open, exclusive, continuous, and hostile possession for a statutory period. Payment of property taxes is helpful evidence of a claim of right but is not enough by itself. If you have “color of title” (a defective writing that purports to convey the land), the adverse possession period is seven years; otherwise it is twenty years. A buyer under an unfulfilled land sale contract may also seek court-ordered conveyance, including from a deceased seller’s personal representative.

Key Requirements

• Possession: You must show actual, open, exclusive, continuous, and hostile possession of the property for the statutory period.
• Color of title (if used): A written instrument that purports to convey the land can reduce the time to seven years; a mere promise to convey usually is not enough.
• Twenty-year path: Without color of title, you generally need twenty years of qualifying possession.
• Quiet title forum: File in Superior Court where the land sits; name all persons who might claim an interest and record a notice of lis pendens.
• Missing or deceased seller: If the seller died, the court can require joining the personal representative and, if needed, heirs, with service by publication when appropriate.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Quiet title) – Authorizes actions to remove clouds on title and determine ownership.
• North Carolina Gen. Stat. § 1-38 (Seven years under color of title) – Bars recovery after seven years of qualifying possession under color of title.
• North Carolina Gen. Stat. § 1-40 (Twenty years without color) – Bars recovery after twenty years of qualifying possession without color of title.
• North Carolina Gen. Stat. § 28A-17-9 (Sale pursuant to decedent’s contract) – Allows a personal representative to convey when the decedent contracted to sell land.

Analysis

Apply the Rule to the Facts: Your decade of tax payments support that you claim the land, but taxes alone do not prove title. Because the deed was never recorded, the seven-year path likely requires a signed deed or similar writing that actually purports to convey the land; a purchase agreement by itself may not qualify. If you have also been in open, exclusive possession, you may build a case for adverse possession, but the twenty-year period would not yet be met without color of title. You can also seek a court order for conveyance if the seller (or the seller’s estate) can be brought before the court.

Process & Timing

1. Who files: The current possessor/buyer. Where: Superior Court in the county where the land is located. What: Complaint to quiet title (often paired with claims for adverse possession and, if applicable, specific performance); record a notice of lis pendens. When: File as soon as possible; adverse possession periods are seven years (with color of title) or twenty years (without); contract-based claims can have shorter deadlines.
2. Serve all defendants, including the seller. If the seller cannot be found or may be deceased, seek service by publication and, if deceased, open or identify the estate and join the personal representative and any known heirs; a guardian ad litem can be appointed for unknown heirs.
3. After proof and hearing, the court may enter a judgment quieting title and/or ordering conveyance. Record the certified judgment to clear title.

Exceptions & Pitfalls

• Taxes without possession are not enough; you need qualifying possession to establish adverse possession.
• A purchase contract usually does not create color of title; a signed deed (even if unrecorded) often does.
• Possession must match known and visible boundaries; partial or shared use can defeat exclusivity.
• If the seller died, you must join the personal representative and necessary heirs; expect service by publication and possible appointment of a guardian ad litem for unknown heirs.
• Building before title is cleared risks financing, insurance, and permit problems.

Talk to a Real Estate Attorney

If you’re dealing with a missing seller, an unrecorded deed, and years of tax payments, 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.