Can I get an injunction or court order to prevent a trespasser from accessing my property? – North Carolina

Short Answer

Yes. In North Carolina, a property owner can ask the Superior Court for a temporary restraining order (TRO) and a preliminary injunction to stop a continuing trespass. You must show ongoing or threatened entry, a likelihood you will win on the trespass claim, and that money damages are not enough. If the trespasser claims an easement, the court may also address those rights—often through a related declaratory judgment—while keeping them off the land in the meantime.

Understanding the Problem

In North Carolina, can you stop someone who keeps crossing your land after warnings? You are the sole owner of inherited property, and a person continues to enter without your consent while asserting a right of access. You want a court order that immediately bars entry and keeps the person off the property during the case.

Apply the Law

North Carolina courts can issue two early forms of relief: a temporary restraining order (short-term, often requested at filing) and a preliminary injunction (after a brief hearing). To get either, you present sworn evidence (a verified complaint or affidavits) showing a likely win on trespass, ongoing or imminent harm that money cannot fix, and the need to preserve the status quo. You file in the Superior Court in the county where the land is located. The court may require you to post a bond. If the other side claims an easement, you can combine your request with a claim asking the court to declare the parties’ property rights.

Key Requirements

• Right to exclude: You own or control the property and did not consent to entry.
• Continuing trespass or threat: Repeated or ongoing entry (or a credible threat of it) that will continue without court action.
• Likelihood of success: Facts and documents showing you are likely to win on the trespass claim (for example, deed/title and lack of permission).
• Irreparable harm/no adequate remedy: Money is not enough because the harm involves loss of use, privacy, safety, or unique land rights.
• Verified evidence and notice: A verified complaint or affidavits support the motion; give notice unless seeking a short, emergency TRO.
• Bond and compliance: Be prepared to post security the judge sets and follow service and hearing procedures.

What the Statutes Say

• North Carolina Rules of Civil Procedure, Rule 65 (Injunctions and restraining orders) – Governs TROs and preliminary injunctions, including notice and bond.
• North Carolina Rules of Civil Procedure, Rule 4 (Service of process) – Describes how to serve the summons and complaint/motion.
• N.C. Gen. Stat. § 1-254 (Declaratory judgments) – Allows the court to declare parties’ rights, such as whether an easement exists.

Analysis

Apply the Rule to the Facts: You hold sole title, so your right to exclude is clear. The person keeps entering after warnings, which shows a continuing trespass likely to recur without court action. That ongoing, unauthorized access supports irreparable harm to your use and quiet enjoyment of the land, making money damages inadequate. Because they claim a right of access, you can ask the court for a declaratory ruling on any alleged easement while securing a preliminary injunction to stop entry during the case.

Process & Timing

1. Who files: The property owner. Where: Superior Court in the North Carolina county where the land is located. What: A civil complaint for trespass and a motion for a temporary restraining order and preliminary injunction (supported by a verified complaint or affidavits). If the other side claims access rights, include a claim for declaratory judgment. When: File as soon as the trespass repeats or is imminent.
2. Ask the court to issue a short-term TRO if immediate relief is necessary. Serve the summons, complaint, and motion under Rule 4. The court will set a prompt hearing on the preliminary injunction and may require a bond. Timeframes for hearings vary by county but are typically scheduled quickly.
3. At the hearing, present testimony and documents (title, photos, maps, incident logs). If granted, the preliminary injunction remains in place while the case proceeds toward settlement or final judgment, where a permanent injunction can be ordered.

Exceptions & Pitfalls

• Easement or boundary claims: If the trespasser claims a legal right of access, the court may resolve that issue (often via declaratory judgment) before or along with injunctive relief; bring clear title evidence and any surveys.
• Insufficient proof: Injunctions require sworn facts. File a verified complaint or affidavits; photos, logs, and witness statements help.
• Notice and service missteps: Follow Rule 65 for notice and Rule 4 for service. Skipping proper notice can limit enforceability.
• Bond requirement: Expect to post security. Failing to post can delay or prevent relief.
• Overreaching orders: Tailor the requested order to stop entry without sweeping terms that go beyond the property dispute.

Talk to a Real Estate Attorney

If you’re dealing with a continuing trespass and need a court order to stop access, 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.