Removing Squatters from Your Land in North Carolina
In North Carolina, as in every other state, there is a law called adverse possession. To promote the actual usage of land, a squatter who has used land for 20 or more years, and meets a long list of requirements, may claim actual ownership of the land. It is up to the owner of the land to take action to eject them from the property, but they cannot necessarily do it on their own.
Having to deal with squatters on your land is a hassle, but there are limits to what you can do to enforce your own rights as a property owner. To eject squatters from land in North Carolina, you would need to go through the judicial eviction process if you cannot convince the squatter to leave your land.
Why Squatters May Be on Your Land
Squatters may be on your land for various reasons. They could outright try to take it from you entirely because they want to establish their ownership. Alternatively, there could be a miscommunication and dispute about the true ownership of the property. In some cases, a squatter may be using a portion of your land, such as for an easement to reach their own property. They may not even know that you are the true owner of the land that they are using, but they are still acting under the color of title.
Strengthen Your Legal Case Before You Act
Before you go through the eviction process, it is essential that you do what is in your power to strengthen your own case. First, you should gather and maintain documentation that proves your ownership of the land. The squatter may be telling a story that they are the one who is legally entitled to the land, and you would need to disprove them. Second, it may be in your interest to communicate with the squatter informally to tell them that they are on your land and that you intend to take legal action.
You Cannot Act on Your Own to Remove the Squatter
Even though it is your land, you cannot act unilaterally. The one step that a property owner can take on their own, and that is to give the squatter a ten-day notice to vacate your land. Otherwise, they may face eviction from your property. The court would need to hold a hearing and issue an eviction order that a sheriff would enforce.
As a property owner, if you take steps consistent with an eviction without going through a judicial process, you may even be liable for damages. The squatter may even be able to sue you for an illegal eviction. As unfair as it may seem, it is crucial that the squatter is entitled to due process because they may claim that they have a right to the land. It is only then that you can have them removed from your land once and for all.
You may consider hiring an attorney early in the process, so you could avoid the possibility of litigation entirely. If the squatter also has a lawyer, your attorney could negotiate with them to reach a resolution.
Contact a North Carolina Property Rights Attorney Today
The attorneys at Crawford & von Keller, LLC work for the rights of North Carolina property owners. We can assist you in the legal process when someone else is on your property and cannot leave. You have legal risks, so it is vital that you seek help from a property rights attorney. You can schedule an initial consultation by calling us today at 803-790-2626 or by contacting us online.
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