Short Answer

Yes—North Carolina recognizes adverse possession. A survey is not required by law, but you must prove actual, open, exclusive, continuous, and hostile possession for the statutory period. With a defective deed (color of title), the period is typically seven years; without it, twenty years, and your use must follow known and visible lines and boundaries. To clear title, you usually file a quiet title action in Superior Court.

Understanding the Problem

In North Carolina, can a long-term occupant claim ownership of land without having obtained a survey, where the person bought the tract years ago from a relative, has lived on it ever since, and later learned the relative did not actually own it?

Apply the Law

North Carolina law allows a person to obtain title by adverse possession if they meet specific elements for a set time. If you have “color of title” (for example, a deed that looks valid but the grantor lacked title), the period is shorter. The main forum to establish title is a civil quiet title action in the Superior Court of the county where the land is located. A survey is not mandated, but you must show possession within known and visible lines and boundaries.

Key Requirements

• Actual, open, and notorious possession: Visible use that would put a reasonable owner on notice (e.g., residence, fencing, improvements).
• Exclusive possession: You control the land as an owner would; not shared with the true owner or the public.
• Continuous possession: Uninterrupted for the full statutory period.
• Hostile under claim of right: Without the true owner’s permission; you possess as if you own it.
• Known and visible lines and boundaries: Your possession follows clear boundary indicators (fences, tree lines, monuments, long‑standing markers).
• Time period: Seven years with color of title; otherwise twenty years.

What the Statutes Say

• North Carolina Gen. Stat. § 1-38 (Seven years with color of title) – Possession under a defective written instrument may ripen title after seven years.
• North Carolina Gen. Stat. § 1-40 (Twenty-year period) – Without color of title, title may ripen after twenty years of qualifying possession.
• North Carolina Gen. Stat. § 41-10 (Quiet title) – Allows a civil action to remove clouds and declare ownership.

Analysis

Apply the Rule to the Facts: Because you received a deed from a relative who turned out not to own the property, you likely have “color of title.” If your possession has been actual, open, exclusive, continuous, and hostile for seven or more years within the tract described in that deed, you may be able to quiet title. A survey is not required, but you must show known and visible boundaries; long‑standing fences, hedges, or monuments can help establish them. The third party’s attempt to sell makes it important to file promptly to resolve title.

Process & Timing

1. Who files: The long‑term possessor. Where: Superior Court in the county where the land sits. What: Civil complaint for adverse possession and quiet title (often with a notice of lis pendens recorded at the Register of Deeds). When: After meeting the time requirement—typically seven years with color of title or twenty years without.
2. Serve all persons with record or claimed interests under the North Carolina Rules of Civil Procedure. Expect written responses, limited discovery, and, if needed, a court hearing or trial. Counties vary in scheduling; surveys or affidavits can be used as evidence even though a survey is not mandatory.
3. On success, the court enters a judgment declaring title. Record the certified judgment with the Register of Deeds to update the chain of title.

Exceptions & Pitfalls

• Permission defeats hostility. If your use was with the owner’s consent, adverse possession does not run.
• Boundaries matter. Without color of title, you generally only gain what you actually possessed and enclosed within known and visible lines.
• Tacking and privity. You can add a predecessor’s time only if there’s a legal link (e.g., deed) between possessors.
• Disability tolling. If the record owner was under a legal disability (such as minority), the clock may pause; timelines can change based on these facts.
• Public land. Government‑owned property typically is not subject to adverse possession.
• Procedural traps. Failing to join all record claimants or to properly serve parties can leave a cloud on title; filing a lis pendens helps put buyers and lenders on notice during the case.

Talk to a Other Legal Matters Attorney

If you’re dealing with a boundary or title dispute after years of occupying land, 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.