Squatters’ rights and adverse possession in North Carolina can cause significant issues for landlords. Picture a squatter who moves into a vacant Raleigh apartment, changes the locks, and refuses every request to leave. This situation can quickly spiral into an even bigger issue if not dealt with promptly.
In this guide, we’re reviewing what landlords should know about squatters’ rights and adverse possession in North Carolina, including the removal timeline and practical steps to keep squatters out of your property. Keep reading to learn how to spot squatting early and respond quickly.
What is a squatter?
A squatter moves into a property without the owner’s permission or a valid lease agreement. Squatters often target vacant rentals, move in quietly, and establish a long-term residency. Landlords must respond quickly because unauthorized occupants create legal, financial, and safety risks.
Imagine a stranger settling into a Greensboro rental that has been vacant for months. They pay no rent, ignore requests to leave, and may even attempt to claim ownership. That person qualifies as a squatter because they occupy the home without permission or any legal right.
Key Differences Between Squatters and Trespassers
Squatters aren’t the only form of unauthorized occupant out there, and it’s important for landlords to know the difference between trespassers and squatters. This guide from TenantCloud provides further details.
Squatters
- Settle on the property and stay for an extended time period without the owner’s agreement.
- Attempt to establish some form of recognized occupancy or claim to the space.
- Cannot be removed on the spot and require a formal eviction process.
Trespassers
- Enter a property without permission, but leave shortly after.
- Do not attempt to establish control or long-term use.
- Can be removed immediately by law enforcement.
Squatters settle in and attempt to gain control of a property, while trespassers enter briefly and leave. Landlords must respond differently because only squatters require eviction for removal.
What are squatters’ rights?
Also known as adverse possession, squatter’s rights in North Carolina define the circumstances under which long-term, unauthorized occupants gain limited legal protections after living on a property. This guide shares more information on squatters’ rights.
North Carolina’s squatters’ rights laws carry real weight because extended occupancy can strengthen a squatter’s position to claim ownership of a property. If a landlord discovers a squatter, it’s crucial to act quickly to protect rental investments and prevent the squatter from establishing a claim to ownership.
Can a squatter actually claim legal rights to a property?
Although it may sound unbelievable, squatters can claim legal rights to a property in North Carolina. However, the process rarely succeeds, as the squatter must meet strict conditions. Landlords can avoid squatting situations by regularly inspecting their properties and acting as soon as they notice unauthorized occupancy.
Adverse Possession Laws in North Carolina
Adverse possession in North Carolina allows a squatter to gain legal possession of a property after living there and meeting several strict conditions.
For a squatter to achieve adverse possession in North Carolina, their occupancy of the property must be:
Actual: The squatter must live on and use the property in a physical way that resembles ownership, such as by making improvements.
Open and notorious: The occupancy must be conducted in an obvious way that would be evident to the owner or passersby.
Hostile: The squatter must occupy the property in a way that goes against the original owner’s rights.
Exclusive: The squatter cannot share the property with anyone else, including the original owner or any other squatters.
Uninterrupted: The squatter must occupy the property continuously, with no periods of absence.
Supporting law: G.S. 1-40, G.S. 1-38
Occupancy Time Requirements for Adverse Possession
In addition to the conditions above, squatters must meet certain time requirements in order to claim ownership through adverse possession. North Carolina law states that a squatter must live on a property for at least 20 years, or 7 years with color of title.
Imagine a person staying on a vacant Charlotte lot for 5 years before moving out. They are unable to meet the occupancy time requirement, and thus cannot establish a legitimate adverse possession claim under North Carolina law.
Supporting law: G.S. 1-40, G.S. 1-38
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a document that appears valid but is legally flawed, such as a defective title. For instance, someone might rely on a faulty deed in order to claim part of a neighbor’s lot in Asheville.
North Carolina squatters do not need color of title to claim adverse possession, but having one will shorten the occupancy time requirement from 20 years to 7 years. If the squatter does not have a color of title, then the full, 20-year occupancy period applies.
Supporting law: G.S. 1-40, G.S. 1-38
Does the squatter have to pay property taxes for adverse possession in North Carolina?
Squatters must pay property taxes to claim adverse possession in many states, but North Carolina is not one of them. To learn more, read about North Carolina’s property tax laws.
Paying taxes does not shorten the time requirement for adverse possession in North Carolina, though squatters with a color of title who attempt to claim possession after 7 years must also pay any outstanding taxes. Landlords should stay current on property taxes to prevent squatters from fulfilling this requirement.
Supporting law: G.S. 1-40, G.S. 1-38
How to Legally Remove Squatters from Your Property
If you’re a landlord and notice evidence of a squatter on a vacant property, you’ll need to act quickly to protect your rental. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If it’s safe to do so, you can approach the squatter directly and possibly save yourself the time and stress of an eviction. Consider offering alternative solutions, such as setting a firm move-out date, assisting with moving costs, or a cash-for-keys agreement.
Important: Never attempt to remove a squatter yourself. Self-help eviction methods, such as lockouts or utility shutoffs, are illegal nationwide.
Step 2: Get in Touch With Local Law Enforcement
Ask local law enforcement to visit the property and speak with the squatter so officers can judge the situation for themselves. They may identify the person as a trespasser, and, if so, they can remove the person immediately without the need for a full eviction case.
Step 3: Serve the Squatter a North Carolina 10-Day Notice To Quit
If law enforcement cannot remove the unauthorized occupant, you’ll have to treat the squatter as a tenant and initiate eviction proceedings. First, serve a 10-Day Notice To Quit, which warns the squatter to move out by a certain date before you file for eviction.
Step 4: File a Summary Ejectment Complaint Against the Squatter
If the squatter is still on your property after the 10-day deadline passes, you’ll need to file a Summary Ejectment Complaint with the court where your property is located. This starts the North Carolina eviction process, and a court hearing date will be scheduled.
Step 5: Present Your Case in Front of a Judge
In order to convince the judge to restore possession to you, you’ll need to gather strong evidence of your rightful ownership and the squatter’s unauthorized residence. Here are some examples:
- Photos or videos of the squatter’s presence on your property
- Property tax payment records
- Witness statements from neighbors, property managers, or contractors
- The property’s deed, title, or other documentation of ownership
The squatter will also have the opportunity to present their evidence, which may include color of title or utility bills in their name. The judge will review all evidence on both sides of the case before coming to a decision.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
If the magistrate judge rules for you, they will enter a Judgment for Possession in your favor. The squatter gets 10 days to appeal the decision, after which you can request a North Carolina Writ of Possession for Real Property from the county clerk.
After the sheriff receives the Writ of Possession, they will arrive at your property to post notice, providing the squatter a short time period in which to move out willingly. Law enforcement will also document proof of service.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Possession provides the sheriff with the authority to physically remove the squatter from your property. If the tenant abandons any belongings, you can dispose of them after 5 days if the items have a value of less than $500, or donate them to a nonprofit if they have a value of $750.
Once your property is back in your possession, take action to prevent the squatter from returning. Change your locks, reinforce any doors or windows as necessary, and keep a close eye on the property to make sure they don’t come back.
Now that the eviction process is complete, let’s move on to other practical tips to protect your rental property.
Tips for Preventing Squatters from Occupying Your Property
As you may have gathered by now, removing squatters is a major hassle, so it’s better to keep them from settling in at all. Here are some preventative measures you can take:
Inspect the property regularly: Visit the property often and look for any signs of unauthorized activity, so you can act fast before a trespasser gains a foothold.
Install security cameras: Place cameras near doors, driveways, and common areas to discourage intruders. Not only will this deter squatters, but you can also use the footage as evidence if someone attempts to occupy your property without permission.
Act quickly against trespassers: Call law enforcement as soon as you notice unauthorized entry to your property. The faster you can remove an unlawful occupant or trespasser, the better.
Secure all entry points: Reinforce doors and windows with strong locks and working hardware. Eliminate any weak spots, especially on older homes or vacant units waiting for repairs.
Maintain the property: Keep both the exterior and interior of the property clean and tidy. A well-maintained home signals active oversight and discourages squatters from targeting your rental property.
Fill vacancies quickly: List open units right away and keep close watch on your rental until a tenant moves in. You can use listing platforms like TurboTenant to shorten vacancies.
Screen future tenants thoroughly: Use a service like TurboTenant to thoroughly check a potential renter’s background, criminal, and eviction history so you don’t accidentally rent your property to an unreliable tenant.
These easy steps will help you protect your property and avoid the headaches of the eviction process. You can also use other tools to care for your rental units.
Digital Tools to Help Landlords Thwart Squatters
With the right digital tools, landlords can easily navigate squatters’ rights and adverse possession in North Carolina.
Use property management software to monitor vacancies, track activity on your rentals, and store records so you can strengthen your defense against unauthorized occupants.
Sign up for a free account so you can take better care of your North Carolina rental properties and protect them against the dangers of squatters.
FAQs: Squatters’ Rights & Adverse Possession Laws in North Carolina
How long does it take a squatter to claim property rights in North Carolina?
In North Carolina, squatters must reside on a property for at least 7 continuous years with color of title, or 20 continuous years without color of title. Their residence must also be open, hostile, exclusive, and actual to fulfill North Carolina’s requirements for adverse possession.
Can landlords remove squatters legally without taking legal action?
No, landlords cannot remove squatters on their own in North Carolina. Self-help eviction methods are illegal in North Carolina, so to remove a squatter, landlords must undertake a full eviction and obtain a Writ of Possession. This authorizes law enforcement to physically remove the squatter.
What’s the difference between a squatter and a holdover tenant?
Squatters enter a property without permission or a valid lease agreement and attempt to establish ownership rights, while holdover tenants originally had a valid lease, but refuse to move out of a property after the lease expires. Despite these differences, both require an eviction for removal.
Can a landlord turn off power or change locks to remove a squatter?
No, landlords cannot shut off utilities, change locks, or otherwise block access to force out a squatter in North Carolina. Self-help removal breaks state law and triggers legal penalties. Only a completed eviction and a sheriff-enforced Writ of Possession allows lawful physical removal.