Expert: liznarr - 8/23/2007

Question
I own a parcel of vacant land in NC.  The owner of the parcel next to mine has encroached upon my land by building a dirt road thru my property to his.

What if anything can I legally do about this?  

If I do nothing at all, is there some legal way that he can take over possession of my property?

Answer
Bonnie,

There is a provision in the law called Adverse Possession which basically states that if a person uses another’s property by a hostile action, openly (meaning for all persons to see), exclusively, without permission, and for a continuous period of time (different states may have different statutory periods), the person encroaching/trespassing can file an action to acquire title without compensation to the owner.

The theory behind Adverse Possession is that, by not disputing your neighbor’s use of your property through a lawsuit and/or Notice to cease, you, as the actual owner have abandoned your rights to the property.  If you own land, it is important that you do not "sleep on your rights" since you could lose ownership of the land.

The length of time required for adverse possession can vary from state to state.  It could be as short as a few years or could run for twenty years or more. Typically, public entities must establish a longer period of possession than individuals.  Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.

Adverse Possession does not happen often, but title to land can be gained in this manner if done in strict compliance with the law; and it can have a dramatic impact upon land ownership rights.

You as an owner of property that this is happening “to,” can take action to prevent a claim for Adverse Possession.  A couple things you can do are listed below:

1.   Give the neighbor “permission” (in writing) to use your property.  (This destroys the “without permission” provision.)
2.   Put a fence up in the area where the dirt road has been run and notify the neighbor (in writing) that he is to cease this activity immediately.

Here are a couple links on Adverse Possession that might enlighten you more:
http://en.wikipedia.org/wiki/Adverse_possession
http://www.expertlaw.com/library/real_estate/adverse_possession.html

Since each state can have varying laws on Adverse Possession, you should consult with an attorney for laws specific to NC and determine exactly what you need do legally to put an immediate end to the encroachment/trespass.

I hope the above is helpful.  Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth