Adverse Possession in North Carolina: 20-Year vs. 7-Year Statutes

North Carolina recognizes two statutory periods for adverse possession claims:

20-Year Rule (Common Law / No Color of Title)

Applies when the possessor has no deed or title document. Must prove all elements for a continuous 20 years:

• Actual – Physical occupation and use
• Open & Notorious – Visible, obvious to true owner
• Exclusive – Sole possession, not shared with owner
• Hostile / Adverse – Without permission, under claim of right
• Continuous – Uninterrupted for 20 years

7-Year Rule (Under Color of Title)

Applies if the possessor has a defective deed or title document ("color of title") and pays property taxes. Same elements, but only 7 years required.

Critical Notes

• "Hostile" ≠ aggressive; means without owner's permission.
• Tacking allowed: successive possessors can combine time if privity exists.
• Government land generally immune.
• Consult a NC real estate attorney—these claims are fact-intensive and technically demanding.