When someone occupies a property without the owner’s consent, they may be referred to as a squatter. While squatting is illegal in most states, North Carolina is one of the few states that recognizes squatters’ rights. This article will explore what squatters rights are in North Carolina and how they can affect property owners and squatters alike.
What are squatters rights?
Squatters rights, also known as adverse possession, is a legal concept that allows someone who has been using a property for a certain amount of time to gain ownership of that property, even if they do not have the owner’s permission. In North Carolina, squatters can claim ownership of a property if they have been using it continuously for 20 years or more without the owner’s objection.
How do squatters rights work in North Carolina?
North Carolina’s squatters rights law is based on the principle of adverse possession, which requires several conditions to be met before a squatter can claim ownership of a property. These conditions include:
- The squatter must have been using the property continuously and exclusively for 20 years or more.
- The squatter must have been using the property openly and notoriously, meaning that the owner knows or should have known about the squatter’s presence on the property.
- The squatter’s use of the property must be hostile, meaning that it is without the owner’s permission.
- The squatter must have paid property taxes on the property for at least 7 years of the 20-year period.
If these conditions are met, the squatter can file a lawsuit to claim ownership of the property. The burden of proof is on the squatter to prove that they meet all of the requirements for adverse possession.
How can property owners protect themselves?
Property owners can take several steps to protect themselves from squatters rights claims. One of the most important steps is to regularly inspect their property and take action if they discover someone is squatting on it. Property owners can also post “No Trespassing” signs to make it clear that the property is private and not open to the public.
Another important step is to pay property taxes on time and keep records of all tax payments. If a squatter is claiming adverse possession, they will need to prove that they have paid property taxes for at least 7 years, so keeping accurate tax records can help property owners dispute a squatter’s claim.
What are the consequences of squatting?
Squatting can have serious consequences for both the squatter and the property owner. If a squatter is caught, they can be charged with criminal trespassing, which is a misdemeanor in North Carolina. They can also be held liable for any damages they cause to the property.
For property owners, squatters can cause a lot of headaches and expenses. If a squatter is claiming adverse possession, the owner may need to hire a lawyer to dispute the claim, which can be costly. Squatters can also cause damage to the property and make it difficult for the owner to sell or rent out the property.
Conclusion
Squatters rights can be a complicated legal issue, but it is important for property owners to understand their rights and take steps to protect themselves from squatters. If you are a property owner in North Carolina, it is important to regularly inspect your property and take action if you discover someone is squatting on it. By taking these steps, you can help protect your property and avoid any potential legal disputes.