Squatters in North Carolina
Squatter’s Rights in North Carolina
A squatter in North Carolina is someone who occupies an abandoned or neglected property without the owner's permission and meets the legal criteria for adverse possession. Specifically, a squatter is a person who:
Lives on or uses a property that seems unused or abandoned.
Does not have the owner's consent to be on the property.
Maintains continuous possession of the property for at least 20 years.
Exclusively uses the property, preventing others from entering.
Occupies the property in an open, obvious, and hostile manner, acting as if they are the rightful owner.
To potentially gain rights to the property through adverse possession, the squatter must fulfill all these conditions. Simply trespassing is not enough; the squatter must meet the specific legal requirements.
UPDATE 6/27/2024 - Senate Bill 246 - Property Owners Protection Act passed. This bill amends the crime of squatting to second degree trespass. House Bill 984 did not pass full legislation in 2024.
New Squatter Proposed Legislation
House Bill 984 - Removal of Squatters from Private Property.
This new legislation does not restrict property owners' rights or law enforcement officers' authority to arrest unauthorized individuals for crimes such as trespassing.
Definition: An unauthorized person has no legal claim or valid rental agreement for the property and is not a holdover tenant.
New Article 8: Addresses expedited removal of unauthorized persons from residential property in GS Chapter 42. And allows property owners or authorized agents to request law enforcement to remove unauthorized occupants if: (GS 42-79)
The requester is the property owner or their authorized agent.
The property is a residential dwelling or related property.
Unauthorized persons are unlawfully occupying the property.
The property was not offered to the general public when the unauthorized entry occurred.
The property owner or agent has asked the unauthorized persons to leave.
The unauthorized occupants are not tenants as defined by GS 42-59.
There is no ongoing litigation between the property owner and the unauthorized occupants.
There is no valid rental agreement with the unauthorized occupants.
Complaint Form (GS 42-80):
Must be filed with the appropriate law enforcement agency.
Developed by the Administrative Office of the Courts with input from law enforcement associations.
Verification and Removal Process (GS 42-81):
Law enforcement verifies the complainant's ownership or agency.
Removal must occur within 48 hours.
Law enforcement can arrest for trespassing or other legal causes.
Fee of $25/hour for law enforcement standby during lock changes.
Indemnifies law enforcement and property owner/agent from liability for damages to unauthorized persons' property.
Remedy for Wrongful Removal (GS 42-82):
Allows recovery of possession, costs, damages, and statutory damages (triple the fair market rent), court costs, and attorney's fees.
Effective Date: October 1, 2024.