Dec252025
Real Estate Q&A Series

What proof is needed to pursue adverse possession if my family has cared for the land for years? – North Carolina

Short Answer

In North Carolina, “caring for the land” is not enough by itself to win an adverse possession claim. The proof usually must show actual, open, continuous, exclusive, and hostile possession for the required time—typically 20 years without “color of title,” or 7 years with “color of title” (a recorded deed or similar title document that appears to give ownership). When the situation involves family land or possible co-owners, the proof needs to be stronger because the law often treats family use as permissive unless clear facts show otherwise.

Understanding the Problem

In North Carolina real estate disputes, a common question is: can a family turn long-term care and use of family land into legal ownership through adverse possession so the title becomes clear and marketable? The decision point is whether the family’s years of upkeep and control can be proven as the kind of possession North Carolina law recognizes as “adverse,” and for long enough, to support a quiet title case that ends competing claims.

Apply the Law

North Carolina recognizes adverse possession as a way to gain title to land when the occupant proves specific facts over a specific time period. The usual time periods are 7 years if the possessor holds under color of title (a deed or similar instrument that appears to convey title) and possesses the land within known and visible boundaries, or 20 years without color of title. In practice, adverse possession is often raised (or confirmed) through a quiet title lawsuit in the Superior Court for the county where the land is located.

Key Requirements

  • Actual, open, and notorious possession: Proof must show real-world control and use of the land that would put a reasonable owner on notice—more than occasional visits or informal upkeep.
  • Continuous and exclusive possession for the required time: Proof must cover the full statutory period (often 20 years; or 7 years with color of title) without major gaps and without sharing possession in a way that looks like joint ownership.
  • Hostile possession (under claim of right): Proof must show the land was possessed as an owner, not by permission. If other potential owners exist (common in inherited “family land”), the evidence often must show clear facts that the possession was adverse to them, not simply caretaking for the family.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a family that has cared for land for years and wants clear, marketable title showing a grandparent as sole owner, with deed history involving a deceased spouse and an update decades ago. Those facts commonly raise two proof issues in North Carolina: (1) whether the family’s actions amount to the required “owner-like” possession (not just maintenance), and (2) whether any other heirs or record owners could be treated as co-owners, which can trigger stricter proof (such as proving an “ouster”). A strong adverse possession case usually needs a timeline and documents showing who possessed, how the land was treated as owned, and whether the claim rests on a recorded instrument (color of title) that could shorten the time period to 7 years.

Process & Timing

  1. Who files: The person(s) claiming ownership by adverse possession or seeking to quiet title (often the person in possession). Where: Superior Court in the county where the land is located. What: A complaint to quiet title (and often a request for a court declaration confirming title by adverse possession). When: Timing depends on the theory—commonly 20 years of adverse possession without color of title, or 7 years with color of title.
  2. Build the proof package: A title search (to identify the record owners and possible heirs), a boundary description (often a survey), and evidence of the required possession elements. Common proof includes photos over time, receipts and invoices for improvements, timber/farm leases, utility records (if applicable), repair records, and witness affidavits from neighbors describing visible use and who controlled access.
  3. Serve and litigate the competing claims: The court process requires bringing in people or entities claiming an interest, which may include unknown heirs. If the case involves potential co-owners, the evidence must address why the possession was adverse to them (not just family caretaking). The final step is a judgment declaring title, which can then be recorded to help create marketable title.

Exceptions & Pitfalls

  • Family land and “permission” problems: When land has been treated as “the family place,” courts often view use and maintenance as permissive unless the evidence shows a clear claim of ownership against others. Acts that look like caretaking can be consistent with permission and may not meet the “hostile” requirement.
  • Co-ownership (cotenancy) makes the proof harder: If other heirs or owners have an undivided interest, North Carolina may require proof of an actual or constructive “ouster,” and a cotenant adverse possession claim may require clear and convincing evidence of ouster/constructive ouster.
  • Boundaries must be identifiable: Adverse possession focuses on possession within known and visible boundaries. A survey and clear boundary markers can matter, and North Carolina law includes a tax-and-survey method that can create prima facie evidence of possession for certain purposes.
  • Paying property taxes is helpful but not decisive: Tax records can support the story of ownership and, in certain survey/marker situations, can help prove possession, but taxes alone usually do not replace proof of actual, open, exclusive possession.
  • Wrong tool for the goal: Sometimes the cleanest route to “marketable title” is not adverse possession at all (for example, correcting the chain of title through estate or heirship work). A title review usually determines which approach fits the deed history.

Conclusion

To pursue adverse possession in North Carolina based on years of caring for family land, the proof must show actual, open, continuous, exclusive, and hostile possession for the required period—typically 20 years, or 7 years if possession is under color of title. When family members or heirs may also have rights, the proof often must also show facts like an “ouster,” not just upkeep. The next step is to gather a title search and possession timeline and file a quiet title action in Superior Court after the correct time threshold is met.

Talk to a Real Estate Attorney

If you’re dealing with a family land title problem and need to understand whether long-term care of the property supports an adverse possession or quiet title case, 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.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.