What steps are needed to get an injunction to stop a neighbor’s encroachment? – North Carolina

Short Answer

In North Carolina, you file a civil lawsuit in the county where the land sits and request a temporary restraining order (TRO) and preliminary injunction under Rule 65 to stop the encroachment. You need a verified complaint or affidavits, specific evidence (like a survey and photos), prompt service, and a court hearing. A TRO can be issued quickly (even without notice if harm is immediate) but is short-lived, and the court may require a bond before an injunction takes effect.

Understanding the Problem

You want to know how, in North Carolina, you can quickly stop a neighbor from crossing your boundary and damaging your property. The single decision point is whether you can get a court order (an injunction) to stop current and future encroachment. Here, the owner is an elderly mother who has a recent boundary survey and reports that the neighbor removed markers and damaged landscaping.

Apply the Law

North Carolina courts can issue emergency orders (temporary restraining orders) and preliminary injunctions to maintain the status quo and prevent further harm while a property dispute is litigated. To obtain this relief, you typically show a likelihood of success on the merits, that you face immediate or irreparable harm without court action, and that the balance of equities favors an injunction. You file in the county where the land is located, start the case with a verified complaint and motion, and support it with sworn statements and exhibits. A TRO can be issued without notice if immediate harm is shown, but it lasts only a short time before a prompt hearing on a preliminary injunction. The court may require you to post security (a bond) to protect the other side against wrongful restraint.

Key Requirements

• Pleadings and proof: File a verified complaint and motion, supported by affidavits and exhibits (surveys, photos) that show the encroachment and harm.
• Immediate relief (TRO): If harm is imminent, ask for an ex parte TRO with a sworn showing of immediate and irreparable injury and what efforts you made to give notice.
• Preliminary injunction hearing: Provide notice to the neighbor and be ready to prove likelihood of success, irreparable harm, and that an injunction preserves the status quo.
• Bond/security: Be prepared to post a bond in an amount the court sets before a TRO or injunction becomes effective.
• Venue and service: File in the county where the land lies and have the Clerk of Superior Court issue a civil summons for service under the Rules of Civil Procedure.
• Protect title during suit: If your case affects title or use of the land, record a lis pendens with the register of deeds to give third parties notice.

What the Statutes Say

• North Carolina Rule of Civil Procedure 65 (Injunctions/TROs) – Allows TROs and preliminary injunctions, sets ex parte standards, duration, and bond.
• N.C. Gen. Stat. § 1-76 (Venue for real property actions) – Requires filing in the county where the land is located.
• N.C. Gen. Stat. § 1-116 (Lis pendens) – Lets you record notice of a pending action affecting title or use of real property.

Analysis

Apply the Rule to the Facts: The owner’s boundary survey supports a likelihood of success on the encroachment claim. The neighbor’s removal of markers and destruction of landscaping shows ongoing, non-monetary harm that is hard to fix later, supporting irreparable harm and the need to preserve the status quo. Because the owner fears further damage, a TRO can be appropriate while notice is given and a prompt hearing is set. Recording a lis pendens can protect the owner’s position during the lawsuit.

Process & Timing

1. Who files: The property owner. Where: Clerk of Superior Court in the county where the land is located. What: Civil Summons (AOC-CV-100), Verified Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, supporting affidavits, exhibits (survey, photos), and proposed orders; consider a lis pendens. When: File immediately if encroachment or damage is ongoing; a TRO can issue quickly but is short-term.
2. Serve the neighbor under Rule 4 and request a preliminary injunction hearing. Be prepared for an evidentiary hearing with sworn statements and exhibits. Courts typically hold the hearing soon after a TRO is entered because a TRO has a short duration.
3. If the court grants relief, post the required bond. The order should state exactly what the neighbor must stop doing and may set a boundary-preservation requirement. File-stamp the order, serve it, and, if applicable, record a lis pendens at the register of deeds.

Exceptions & Pitfalls

• If the boundary is genuinely disputed and poorly supported, the court may decline an injunction; strong survey evidence and clear affidavits are critical.
• Failing to certify efforts to give notice for an ex parte TRO, or submitting unsworn materials, risks denial or quick dissolution of the order.
• Orders must be specific; vague restraints are hard to enforce and may be set aside.
• Expect a bond; arrive prepared to address an appropriate amount and form of security.
• Do not skip lis pendens when title or property rights are at issue; without it, third parties may not be bound by the lawsuit’s outcome.

Talk to a Real Estate Attorney

If you’re dealing with a neighbor crossing your boundary or damaging your 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.