What must occur for a person to claim adverse possession in North Carolina?

To successfully claim adverse possession in North Carolina, an individual must occupy the property without the owner's permission for a specified duration, which is typically 20 years. This means that the individual’s possession of the property must be open, notorious, exclusive, adverse (meaning without consent), and continuous for that entire timeframe.

Occupying the property without the owner's permission is crucial because adverse possession is based on the idea that if the true owner does not act to reclaim the property, they may forfeit their rights. The concept underlining this legal principle is that the use of the property is so evident and lasting that it gives notice to the true owner, allowing them the opportunity to assert their rights before the duration required for a claim is fulfilled.

The requirement of a specified duration reinforces the need for a clear long-term claim, supporting stability in property rights while also allowing individuals to claim ownership if they have maintained control over a property for a significant period without objection from the legal owner. This principle helps ensure that land is used and prevents it from being left idle while still safeguarding the rights of actual property owners who have the means and interest to keep track of their land.