The topics listed here are of particular importance and/or are likely to be frequently encountered in the usual course of real estate practice. Of course, there are some hurdles to clear before someone can claim a piece of your North Carolina land using this theory. In other words, if you hold legal title to a piece of land, you are its presumed owner until and unless the adverse possessor can come up with enough compelling evidence and arguments to convince a judge to give him or her ownership over all or a portion of it. § 1-40 dictates that the possessor must have exclusive possession for 20 years in order to establish adverse possession. Term. Either party may terminate this These sorts of fences can be considered a nuisance if they shut out light and air from a neighbor's property. Upon receipt of the written request for release, NCDOT personnel will perform a final inspection of the project. PARKER, Judge. Adverse possession is a legal concept that allows a trespasser—sometimes a stranger but more often a neighbor—to gain legal title over someone else's land. Utility Encroachment Agreement Form Requirements, 16.1 - Two-Party, Utility, Primary and Secondary Highways (Non-C/A), 16.1A - Two-Party, Non-Utility, Not Related to Road Construction, 16.1B - Two-Party, Related to Road Construction, 16.1C - Two-Party, Piping of Treated Effluent, 16.3 - Blanket, Plowed-In Telecommunications Cable, 16.3A - Blanket, Trenched-In Telecommunications Cable, 16.5 - Blanket, Underground Utility Service Connection, 16.5A - Blanket, Aerial Utility Crossings & Taps, 16.7 - Grading or Alteration of Drainage (C/A), Private Engineering and Professional Services Firms, Estimates, Materials & Approved Products for Utilities Work, Easements & Right of Way for Utilities Construction, Standard Specifications, Drawings & Provisions for Utilities Work, Submit Your NCID for Encroachments Submissions. More Than 10,000 North Carolinians Have Died of COVID-19 Feb. 9, 2021 | 1:25 p.m. Below is a list of NCDOT's encroachment agreements along with descriptions of when and where they are applicable. Article 5 - Limitations, Other than Real Property. Clement, Miller & Whittle by Chester E. Whittle, Jr., Boone, for defendant-appellee. Unlike a car or other pieces of personal property, your North Carolina home is an investment, hopefully gaining in value with each passing year after purchase. The law provides the least amount of pro tection to a trespasser, that is, someone who enters the premises of another without permission or any other right to be there. Please turn on JavaScript and try again. North Carolina Right to Farm Laws All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example. 1-52. Below is a list of NCDOT's encroachment agreements along with descriptions of when and where they are applicable. Corporate surety bonds will be retained by the Division Engineer, State Utility Agent or their representative until release. An easement appurtenant attaches to and passes with the land. Obviously, pretty much all of these are no longer enforced but according to DumbLaws.com, they’re still technically laws. Rationale Behind Adverse Possession Laws Adverse possession is a legal concept that allows a trespasser—sometimes a stranger but more often a neighbor—to gain legal title over someone else's land. Typically, the required bond amount is shown in the approved encroachment agreement. Statute of Limitations for Actions to Remove Encroachments from Easements Returned to 20 Years By Matthew D. Rhoad In 2007, the North Carolina Court of Appeals held in Pottle v. Link, 187 N.C. App. If it’s an innocent mistake, the person is likely to comply. Effective December 1, 2011, North Carolina automatically recognizes concealed carry permits issued in any other state. Different states have different statutes of limitations for various types of civil actions and crimes, and North Carolina … In the case of corporate surety bonds, the encroaching party is responsible for notifying the bonding company along with a copy of the encroachment authorization letter. Easements involve shared rights with others in pieces of property, whereas adverse possession results in a shift in title, and the corresponding right to exclude others from the property. Do Not Sell My Personal Information, Nolo's Essential Guide to Buying Your First Home, Homeowners: Taxes, Improvements, and More, the trespasser having supposedly purchased the land, in good faith, the trespasser having paid taxes on the property, the trespasser having made repeated attempts to exclude others from the land, and. You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. It has been kept alive in order to achieve a fair result when one owner has neglected or forgotten about a piece of land while another has been using or caring for it for so long that to make him or her leave would seem unfair, or create hardship. Additionally, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts from anyone except members of the North Carolina General Assembly. Adverse possession in North Carolina is regulated by statute (laws passed by the legislature), but also by the state courts. 2015 North Carolina General Statutes Chapter 1 - Civil Procedure. When construction or utility installation is proposed within the limits of NCDOT right-of-way, an encroachment agreement is required. I believe this is called an easement by prescription. Under North Carolina Law, encroachment is treated as a "continuing trespass." Links to both the acts and administrative rules are provided below: Boiler Safety Bureau. 1-53(1). Easements Appurtenant – An easement appurtenant benefits adjoining land, no matter who owns the adjoining land. Applicant, and all subcontractors, shall comply with Article 2, Chapter 64, of the North Carolina General Statutes. Your first move, of course, is to speak with the person and ask that he or she remove all structures from, and refrain from entering onto, your property. August 5, 1986. § 1-38, North Carolina will grant ownership where a trespasser has occupied land under “color of title” for seven years. A creditor thus barred of a recovery against the representative of any principal debtor is also barred of a recovery against any surety to the debt. It looks like your browser does not have JavaScript enabled. As a homeowner and Tar Heel, your property is likely your most valued asset. The concept first developed in early Britain. What should you do if you spot a trespasser or a neighbor encroaching on your North Carolina land? In the case of certified or cashier’s checks, upon receipt of the written release request, the Division Engineer (or his representative) will notify the State Controller for release of the bond. Without a wall between their properties, Frank begins to put lawn furniture on what is technically Ginger’s land. I own @.7 and I think my neighbor owns @.6 acres--we both have around 40 ft. of road frontage. North Carolina General Statutes includes North Carolina state laws on civil procedure, common law, evidence, criminal law, criminal procedure, offenses against public morals, motor vehicles, wills, landlord and tenant, divorce, and marriage. Either way, you’ll need to learn about North Carolina’s adverse possession laws. In addition to these factors, North Carolina courts have also repeated certain pieces of evidence that are likely to weigh in favor of granting a trespasser adverse possession. Bonds are accepted in the following forms: Personal checks or certificates of deposit are NOT acceptable forms of bonds. Limitation for encroachment suit is 20, not six, years A Huntersville man might have to demolish his $600,000 house because a corner of the building encroaches on a Duke Energy easement. Be polite and courteous; remember, you live next door and you do not want to harm the goodwill between you and your neighbor. Either way, you’ll need to learn about North Carolina’s adverse possession laws. Raleigh, NC 27601 (919) 733-4111 (Main) (919) 715-7586 (Fax) The attorney listings on this site are paid attorney advertising. Generally, N.C. Gen. Stat. These concepts may be easier to understand with a hypothetical. laws of the State of North Carolina, insurance in the amount of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury (including death) and property damage caused by the performance of any Work, the encroachment, and/or the use of any said encroachment… Court of Appeals of North Carolina. Under N.C. Gen. Stat. Each state has its own quirky laws but North Carolina has some downright weird ones. So, if you live next to an unused state park in Raleigh, you won’t be able to “annex” a larger yard by building a shed and waiting two decades. Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Read more about easements. The N.C. Department of Labor enforces various acts set forth by the N.C. General Assembly. § 1-40). law for creditors of the deceased to present their claims, where no personal service of such notice in writing is made upon the creditor. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision. This Article addresses the same issue but through the lens of cases after 1990. North Carolina courts have developed law regarding "spite fences," which are defined as walls or fences that serve no beneficial use to the owner and are built solely to annoy a neighbor. Note that he won’t be able to take over all of Ginger’s lawn—only the portion upon which he constructed the kitchen area and which he actively used for those two decades. The term of this Agreement is the shorter of the life of Facilities or thirty (30) years. I have owned my home for 2 years and my neighbors moved in 6 months ago. Legislative Building. North Carolina General Assembly. Given that, protecting your investment is crucial. North Carolina law recognizes two classes of land users: trespassers and invitees.. Proposed Rule Adoption . An owner of property that shows proof that their neighbor has committed encroachment is allowed to the damages that were caused for the loss of value of the land during that time of encroachment. A property owner that proves the encroachment of a neighboris entitled to damagesfor the lost value of the land during the period of encroachment. You don't have to cite any law or get especially complex. North Carolina Flood Risk Information System (FRIS) , Continued 17 Nature Doesn’t Read Flood Maps 18 Old Format Flood Insurance Rate Map 19 Future Conditions Floodplain Mapping 20 Use the Riverine Flood Profile to Determine BFE 21 Approximate Flood Zones and Unnumbered A Zones 22 AE Flood Zones With Non-Encroachment Areas 23 Limited Detailed Study 24 Using Data from Limited Detailed … 1993) [hereinafter DOBBS, LAW OF REMEDIES]. NC Gen Stat § 1-52 (2015) What's This? North Carolina Licensing Board for General Contractors. One major hurdle is that the burden of proof to establish a claim of adverse possession is on the trespasser. In addition, the property owner … Performance and Indemnity Bonds for Encroachments Encroachment Agreements When construction or utility installation is proposed within the limits of NCDOT right-of-way, an encroachment agreement is required. or serviant and subserviant property rights. Click Log In to access the Online Encroachment Submission section of Connect NCDOT. Determine a District Office based on county - https://ncdot.maps.arcgis.com/home/webmap/viewer.html?webmap=4cdbe2d696cc4e9dbe163f3ff74b38f1, Contact a District Office - https://www.ncdot.gov/contact/Pages/county-contacts.aspx. The concept first developed in early Britain. 15. *667 McElwee, McElwee, Cannon & Warden by William H. McElwee, III, North Wilkesboro, for plaintiff-appellant. There is no single statute in North Carolina that dictates the elements that a trespasser must establish to prove adverse possession. However, you are the one who must enforce your rights. Three years. https://ncdot.maps.arcgis.com/home/webmap/viewer.html?webmap=4cdbe2d696cc4e9dbe163f3ff74b38f1, https://www.ncdot.gov/contact/Pages/county-contacts.aspx, © North Carolina Dept. In some states, the information on this website may be considered a lawyer referral service. This order is particularly helpful if you are seeking to sell your property, and need to reassure potential buyers regarding where the boundaries to your land lie, and who owns what. 20 Completely Absurd And Strange Laws That Are Only In North Carolina. of Transportation |. Please direct encroachment related questions to: Larry Sanders, PE 919-707-6979 encr@ncdot.gov. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 3. Performance and indemnity bonds may be required from the applicant of an encroachment agreement for utility installations to be placed within the limits of highway rights-of-way. (j) comply with all applicable Federal, State, and local laws. Color of title is just a legal way of saying that an individual has some sort of legal documentation to support his occupation—for example, a faulty deed, or tax payment records. To make sure that all of your land remains yours, it makes sense to keep an eye on your property lines. To avoid liability, the law requires only that the landowner avoid willful or wanton injury to the trespasser. relative hardship doctrine and its application to cases of permanent encroachment in North Carolina prior to 1990. The years pass—20 years, in fact. Within three years an action - (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. Current laws in North Carolina define general contractors as persons, firms or corporations who bid upon, contract or construct construction projects involving the construction of any building, highway, public utilities, grading or any improvement or structure costing $30,000 or more. The neighbor can be made to remove unauthorized plantings on your property. Rather, the courts have established a variety of such factors over many decades of issuing decisions in individual cases. Under North Carolina law, easements usually fall into one of two categories: 1. See Laws & Regulations. Further details for each type of acceptable bond can be found below. Administrative rules which define the acts are available on the Office of Administrative Hearings website. This is a legal method for determining the rightful owner of land. There is no standard land encroachment complaint letter, and the best advice is to keep things simple. 746, 654 S.E.2d 64 (2007), that actions to remove encroachments from an easement must be brought within six years of the encroachment being installed. § 1-52 - Three years. Out-of-state permit holders should familiarize themselves with North Carolina’s laws. You can mark the boundary of your property. This option has the advantage of preserving good will between you and your neighbor. Corporate surety bonds must be signed by an authorized agent of the surety company, who must be a resident of North Carolina, and a Power of Attorney authorizing him to sign must be attached to the bond. Eventually, Frank builds an entire outdoor kitchen there, complete with pavers, heat lamps and fire pit. However, there is an exception to this. These types of documents tend to support an inference that the trespasser acted in good faith, and should be awarded possession. Bonds are eligible for a release a minimum of one year from the date of satisfactory completion of the work. North Carolina’s government always has first priority when it comes to ownership. If the trespass continues, you may want to consult a lawyer and bring an action to quiet title. Any property that is held by North Carolina’s state and local government entities is typically immune from adverse possession actions. Adverse possession should not be confused with having an easement to use another person's property—for example, when a neighbor has an easement to use your driveway to access his or her property. In the state of North Carolina the law on encroachment is dealt with as “continuing trespass”. Encroachment on right of way easement in North Carolina I live in NC - a residential neighborhood in a cul-de-sac. Under North Carolina’s adverse possession framework, Frank will likely be successful in establishing an ownership claim to that portion of Ginger’s property. A North Carolina judge would be hesitant to suddenly eject Frank after all that time. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. About Laws and Administrative Rules. 3. As in most states, adverse possession in North Carolina is established from the nature of a trespasser’s possession and the length of time the person possesses the land. These include: As you can see, these mainly address situations where there was confusion over ownership rather than an outright attempt to take over another person's land. Ginger never says anything. For example, in North Carolina, concealed handguns may not be carried: In law enforcement or correctional facilities such as a prison. Moreover, you yourself may eventually want to assert a claim for adverse possession against another individual’s land. Imagine that Frank and Ginger live next to one another in a suburb outside of Raleigh. Land users: trespassers and invitees outside of Raleigh Frank begins to put furniture. Encroachment Submission section of Connect NCDOT, but also by the legislature ), but also by legislature... 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