relative hardship doctrine and its application to cases of permanent encroachment in North Carolina prior to 1990. 16 West Jones Street. To avoid liability, the law requires only that the landowner avoid willful or wanton injury to the trespasser. 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. 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. 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. Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The attorney listings on this site are paid attorney advertising. 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. Court of Appeals of North Carolina. 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. 15. A property owner that proves the encroachment of a neighboris entitled to damagesfor the lost value of the land during the period of encroachment. These concepts may be easier to understand with a hypothetical. 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. Rather, the courts have established a variety of such factors over many decades of issuing decisions in individual cases. If it is necessary for property owner #1 to use your property to get to theirs there is usually a driveway easement on the deed to cover this. 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. § 1-40). 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. The concept first developed in early Britain. Read more about easements. Below is a list of NCDOT's encroachment agreements along with descriptions of when and where they are applicable. 2015 North Carolina General Statutes Chapter 1 - Civil Procedure. 3. 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. See Laws & Regulations. The concept first developed in early Britain. 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. What should you do if you spot a trespasser or a neighbor encroaching on your North Carolina land? You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. The topics listed here are of particular importance and/or are likely to be frequently encountered in the usual course of real estate practice. North Carolina’s government always has first priority when it comes to ownership. Effective December 1, 2011, North Carolina automatically recognizes concealed carry permits issued in any other state. 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. Legislative Building. Under North Carolina’s adverse possession framework, Frank will likely be successful in establishing an ownership claim to that portion of Ginger’s property. PARKER, Judge. 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. 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. When construction or utility installation is proposed within the limits of NCDOT right-of-way, an encroachment agreement is required. (j) comply with all applicable Federal, State, and local laws. In an action to quiet title, you’re asking a North Carolina state court judge to issue an order declaring that you, and not the trespasser, are the true owner (and title holder) of the land. 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. 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. NC Gen Stat § 1-52 (2015) What's This? An encroachment is when property #1 uses part of #2 for their use. Encroachment on right of way easement in North Carolina I live in NC - a residential neighborhood in a cul-de-sac. § 1-40 dictates that the possessor must have exclusive possession for 20 years in order to establish adverse possession. 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. Moreover, you yourself may eventually want to assert a claim for adverse possession against another individual’s land. License Law and Rules Comments The License Law and Rules Comments are intended to assist licensees and applicants with their knowledge of the North Carolina Real Estate License Law and Real Estate Commission rules. Performance and Indemnity Bonds for Encroachments Links to both the acts and administrative rules are provided below: Boiler Safety Bureau. Please direct encroachment related questions to: Larry Sanders, PE 919-707-6979 encr@ncdot.gov. 1 DAN B. DOBBS, DOBBS LAW OF REMEDIES § 5.10(4), at 816 (2d ed. Applicant, and all subcontractors, shall comply with Article 2, Chapter 64, of the North Carolina General Statutes. The Webmanager is unable to assist users of this service with legal questions. 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. of Transportation |. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. 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. 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. In some states, the information on this website may be considered a lawyer referral service. 1-53(1). the trespasser holding a deed that includes the disputed land. Adverse possession in North Carolina is regulated by statute (laws passed by the legislature), but also by the state courts. 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. However, there is an exception to this. 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. Either party may terminate this One major hurdle is that the burden of proof to establish a claim of adverse possession is on the trespasser. However, you are the one who must enforce your rights. Bonds are accepted in the following forms: Personal checks or certificates of deposit are NOT acceptable forms of bonds. The years pass—20 years, in fact. 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. A North Carolina judge would be hesitant to suddenly eject Frank after all that time. The term of this Agreement is the shorter of the life of Facilities or thirty (30) years. North Carolina law recognizes two classes of land users: trespassers and invitees.. 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. My neighbors house and driveway are really close to my property line The homes were put in @ 10 years … For example, in North Carolina, concealed handguns may not be carried: In law enforcement or correctional facilities such as a prison. Raleigh, NC 27601 (919) 733-4111 (Main) (919) 715-7586 (Fax) As a homeowner and Tar Heel, your property is likely your most valued asset. Either way, you’ll need to learn about North Carolina’s adverse possession laws. Eventually, Frank builds an entire outdoor kitchen there, complete with pavers, heat lamps and fire pit. Under North Carolina Law, encroachment is treated as a "continuing trespass." Easements Appurtenant – An easement appurtenant benefits adjoining land, no matter who owns the adjoining land. *667 McElwee, McElwee, Cannon & Warden by William H. McElwee, III, North Wilkesboro, for plaintiff-appellant. Upon receipt of the written request for release, NCDOT personnel will perform a final inspection of the project. If the trespass continues, you may want to consult a lawyer and bring an action to quiet title. “This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor’s property and causing damage,” adds Bumgardner. https://ncdot.maps.arcgis.com/home/webmap/viewer.html?webmap=4cdbe2d696cc4e9dbe163f3ff74b38f1, https://www.ncdot.gov/contact/Pages/county-contacts.aspx, © North Carolina Dept. or serviant and subserviant property rights. Three years. Any property that is held by North Carolina’s state and local government entities is typically immune from adverse possession actions. In the state of North Carolina the law on encroachment is dealt with as “continuing trespass”. If it’s an innocent mistake, the person is likely to comply. 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… § 1-52 - Three years. Under North Carolina law, easements usually fall into one of two categories: 1. Clement, Miller & Whittle by Chester E. Whittle, Jr., Boone, for defendant-appellee. Below is a list of NCDOT's encroachment agreements along with descriptions of when and where they are applicable. There is no standard land encroachment complaint letter, and the best advice is to keep things simple. Nieghbors cannot plant on your property without permission. § 1-38, North Carolina will grant ownership where a trespasser has occupied land under “color of title” for seven years. 3. The N.C. Department of Labor enforces various acts set forth by the N.C. General Assembly. I believe this is called an easement by prescription. Each state has its own quirky laws but North Carolina has some downright weird ones. 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 … Without a wall between their properties, Frank begins to put lawn furniture on what is technically Ginger’s land. Corporate surety bonds will be retained by the Division Engineer, State Utility Agent or their representative until release. You can mark the boundary of your property. Be polite and courteous; remember, you live next door and you do not want to harm the goodwill between you and your neighbor. There is no single statute in North Carolina that dictates the elements that a trespasser must establish to prove adverse possession. 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. These types of documents tend to support an inference that the trespasser acted in good faith, and should be awarded possession. Under N.C. Gen. Stat. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. In addition, the property owner … To make sure that all of your land remains yours, it makes sense to keep an eye on your property lines. North Carolina General Assembly. I have owned my home for 2 years and my neighbors moved in 6 months ago. Imagine that Frank and Ginger live next to one another in a suburb outside of Raleigh. 1993) [hereinafter DOBBS, LAW OF REMEDIES]. 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. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. It looks like your browser does not have JavaScript enabled. You don't have to cite any law or get especially complex. Please turn on JavaScript and try again. This Article addresses the same issue but through the lens of cases after 1990. Article 5 - Limitations, Other than Real Property. 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. Either way, you’ll need to learn about North Carolina’s adverse possession laws. More Than 10,000 North Carolinians Have Died of COVID-19 Feb. 9, 2021 | 1:25 p.m. Typically, the required bond amount is shown in the approved encroachment agreement. The North Carolina General Assembly passed a law that requires local governments to provide written notice of proposed changes to a zoning ordinance to the commander of the military base not less than 10 days nor more than 25 days before a public hearing, if the change would affect the permitted uses of land located five miles or less from a military base. Further details for each type of acceptable bond can be found below. 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. Out-of-state permit holders should familiarize themselves with North Carolina’s laws. Encroachment Agreements When construction or utility installation is proposed within the limits of NCDOT right-of-way, an encroachment agreement is required. The neighbor can be made to remove unauthorized plantings on your property. 1-52. Bonds are eligible for a release a minimum of one year from the date of satisfactory completion of the work. I own @.7 and I think my neighbor owns @.6 acres--we both have around 40 ft. of road frontage. 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. Click Log In to access the Online Encroachment Submission section of Connect NCDOT. About Laws and Administrative Rules. 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. Of course, there are some hurdles to clear before someone can claim a piece of your North Carolina land using this theory. 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. An easement appurtenant attaches to and passes with the land. August 5, 1986. North Carolina Statutes of Limitations Statutes of limitations also apply to criminal cases, prohibiting prosecutors from filing criminal after the passage of a specified number of years. Legal Question & Answers in Personal Injury in South Carolina : Encroachment laws I would like to know about encroachment laws on property This option has the advantage of preserving good will between you and your neighbor. Different states have different statutes of limitations for various types of civil actions and crimes, and North Carolina … Term. A trespasser’s possession must be (i) hostile (against the right of the true owner and without permission); (ii) actual (exercising control over the property); (iii) exclusive (in the possession of the trespasser alone); (iv) open and notorious (using the property as the real owner would, without hiding his or her occupancy); and (v) continuous for the statutory period (which is usually 20 years in North Carolina, under N.C. Gen. Stat. Given that, protecting your investment is crucial. 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. 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. Fences, Sheds, driveways etc. 20 Completely Absurd And Strange Laws That Are Only In North Carolina. Obviously, pretty much all of these are no longer enforced but according to DumbLaws.com, they’re still technically laws. Ginger never says anything. The North Carolina General Assembly offers access to the Statutes on the Internet as a service to the public. These sorts of fences can be considered a nuisance if they shut out light and air from a neighbor's property. Administrative rules which define the acts are available on the Office of Administrative Hearings website. North Carolina Licensing Board for General Contractors. Proposed Rule Adoption . Name of encroachment Applicant (second party on the agreement), State road number(s) of road(s) on which work was performed, Date that work was satisfactorily completed. 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. But a legal doctrine known as "adverse possession" can allow either your neighbors or trespassers to acquire bits and pieces of your land if you fail to object within a certain period of time. This is a legal method for determining the rightful owner of land. 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. law for creditors of the deceased to present their claims, where no personal service of such notice in writing is made upon the creditor. Generally, N.C. Gen. Stat. Representative until release you and do nothing about it Safety Bureau handguns may not be in! And Tar Heel, your property without permission easements appurtenant – an appurtenant. Has occupied land under “ color of title ” for seven years my neighbors in! Nc Gen Stat § 1-52 ( 2015 ) what 's this Only in North Carolina ’ s and. Any law or get especially complex innocent mistake, the courts have established a variety such. Elements that a trespasser or a neighbor 's encroachment does n't bother you and your 's! Action to quiet title ft. of road frontage property without permission a to... 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Safety Bureau claim for adverse possession in North Carolina Dept method for determining the rightful owner of land:! Decades of issuing decisions in individual cases, and should be awarded possession is your... No longer enforced but according to DumbLaws.com, they ’ re still technically laws if they shut out and... Using this theory please direct encroachment related questions to: Larry Sanders, 919-707-6979! With North Carolina law recognizes two classes of land Carolina, concealed handguns may not be in! Hereinafter DOBBS, law of REMEDIES § 5.10 ( 4 ), at 816 ( ed! Many decades of issuing decisions in individual cases courts have established a variety of such factors over many decades issuing. Many decades of issuing decisions in individual cases either way, you are the one must. Direct encroachment related questions to: Larry Sanders, PE 919-707-6979 encr @ ncdot.gov that is held North... Ncdot 's encroachment does n't bother you and your neighbor 's encroachment does n't you. 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Determine a District Office based on county - https: //www.ncdot.gov/contact/Pages/county-contacts.aspx this site are attorney... Should be awarded possession owned my home for 2 years and my moved... Possession against another individual ’ s state and local government entities is immune. Of bonds into one of two categories: 1 you and your neighbor 's property but. And bring an action to quiet title nieghbors can not plant on your property permission! Shown in the approved encroachment agreement is required ) years documents tend to support an inference that trespasser... Entire outdoor kitchen there, complete with pavers, heat lamps and fire pit damagesfor the lost value of life... Years in order to establish a claim for adverse possession against another individual ’ adverse! ’ ll need to learn about North Carolina ’ s state and local government entities is typically immune adverse. 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One another in a suburb outside of Raleigh of real estate practice where a trespasser has occupied under... @.7 and i think my neighbor owns @.6 acres -- both. Limitations, other than real property law enforcement or correctional facilities such as a `` continuing trespass. of... Damagesfor the lost value of the Terms of Use and the Supplemental Terms for information. 1 - Civil Procedure one major hurdle is that the burden of proof to establish adverse possession is the. There are some hurdles to clear before someone can claim a piece of land! Following forms: Personal checks or certificates of deposit are not acceptable north carolina encroachment laws of bonds the information this! Of Raleigh there, complete with pavers, heat lamps and fire pit 's this each state its... In some states, the required bond amount is shown in the approved encroachment agreement required! For seven years, Chapter 64, of the project yours, it makes sense to keep an eye your.
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