NC Adverse possession explanation please

[yonu]

What is the name of your state (only U.S. law)? NC

I am located in Cumberland county if this helps

I need a simple explanation about adverse possession I have a vacant lot that has been fenced into my property for about the last 30yrs by 5ft chainlink from reading the North Carolina Code §1-35 through 43 I am assuming I only need to file some paperwork but I can't get a straight answer from anyone locally. I am hoping someone here can at least tell me the forms I need.

Thanks,
Yonu

 

[FlyingRon]

You don't get adverse possession by filing forms.
It takes a court action.
Have you been paying taxes on this extra land?

 

[yonu]

Nope haven't been paying the taxes. should I have been?

 

[Washwo]

NC Adverse possession explanation

"I need a simple explanation about adverse possession I have a vacant lot that has been fenced into my property"

Is this YOUR vacant lot or is it owned by someone else? If it is owned by someone else, WHO?

 

[pcwilson]

Two questions:

Who has been paying taxes on the property?

and

Has that person set foot (literally) on the property at anytime over the past 20 or so years?

 

[Terminus]

Adverse Possesion

First.....adverse possession cases are expensive. As noted above, these cases are decided in the court system and there are a lot of steps to prove an adverse possession claim. That said, it sounds like you have a decent sized piece of property that you are using and claiming. The fence would definitely fulfill the open/hostile portion of adverse possession.

My first suggestion is to find a local attorney familiar with land law. Then my second is to get the property surveyed as the court will need to see what you are actually claiming. Be prepared to find out who (if anybody) has been paying taxes on the property, etc (it might very well be you are and don't know it).