9 North Carolina opinions name it 2 courts 1919–2025 2 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Walls v. Grohmangreen2 sentences2023A party may succeed in an adverse possession claim “though the claim of title is founded on a mistake.” Walls v. Grohman, 315 N.C. 239, 249 , 337 S.E.2d 556, 562 (1985). 2023A party may succeed in an adverse possession claim “though the claim of title is founded on a mistake.” Walls v. Grohman, 315 N.C. 239, 249 , 337 S.E.2d 556, 562 (1985). | 1 | 1 |
Minor v. Minorgreen2 sentences2023As our Supreme Court has held, “[a] party seeking to prove adverse possession of a portion of a parcel has the burden of pleading and proving all elements of the claim.” Minor v. Minor, 366 N.C. 526, 531 , 742 S.E.2d 790, 793 (2013). 2023As our Supreme Court has held, “[a] party seeking to prove adverse possession of a portion of a parcel has the burden of pleading and proving all elements of the claim.” Minor v. Minor, 366 N.C. 526, 531 , 742 S.E.2d 790, 793 (2013). | 1 | 1 |
Daniel v. Wraygreen2 sentences2008See, e.g., McManus, 165 N.C.App. at 573 , 599 S.E.2d at 445 (stating that "[p]ossession is open and notorious if it places the true owner on notice of an adverse claim"); Daniel, 158 N.C.App. at 172 , 580 S.E.2d at 719 (stating that to meet the hostility requirement, the possessor's use of the property must be "`of such nature and exercised under such circumstances as to manifest and give notice that the use is being made under claim of right'" (quoting Dulin, 266 N.C. at 261 , 145 S.E.2d at 875 )). 2008See, e.g., McManus, 165 N.C.App. at 573 , 599 S.E.2d at 445 (stating that "[p]ossession is open and notorious if it places the true owner on notice of an adverse claim"); Daniel, 158 N.C.App. at 172 , 580 S.E.2d at 719 (stating that to meet the hostility requirement, the possessor's use of the property must be "`of such nature and exercised under such circumstances as to manifest and give notice that the use is being made under claim of right'" (quoting Dulin, 266 N.C. at 261 , 145 S.E.2d at 875 )). | 1 | 1 |
State v. Johnsongreen2 sentences2008Adverse Possession In order to prevail on an adverse possession claim, a claimant must establish possession of the disputed property was "continuous, adverse, hostile, under known and visible lines and boundaries, and exclusive during the statutory period under a claim of title to the land occupied." State v. Johnson, 278 N.C. 126, 152 , 179 S.E.2d 371, 388 (1971) (citation omitted). 2008Adverse Possession In order to prevail on an adverse possession claim, a claimant must establish possession of the disputed property was "continuous, adverse, hostile, under known and visible lines and boundaries, and exclusive during the statutory period under a claim of title to the land occupied." State v. Johnson, 278 N.C. 126, 152 , 179 S.E.2d 371, 388 (1971) (citation omitted). | 1 | 1 |
McManus v. Kluttzgreen2 sentences2008See, e.g., McManus, 165 N.C.App. at 573 , 599 S.E.2d at 445 (stating that "[p]ossession is open and notorious if it places the true owner on notice of an adverse claim"); Daniel, 158 N.C.App. at 172 , 580 S.E.2d at 719 (stating that to meet the hostility requirement, the possessor's use of the property must be "`of such nature and exercised under such circumstances as to manifest and give notice that the use is being made under claim of right'" (quoting Dulin, 266 N.C. at 261 , 145 S.E.2d at 875 )). 2008See, e.g., McManus, 165 N.C.App. at 573 , 599 S.E.2d at 445 (stating that "[p]ossession is open and notorious if it places the true owner on notice of an adverse claim"); Daniel, 158 N.C.App. at 172 , 580 S.E.2d at 719 (stating that to meet the hostility requirement, the possessor's use of the property must be "`of such nature and exercised under such circumstances as to manifest and give notice that the use is being made under claim of right'" (quoting Dulin, 266 N.C. at 261 , 145 S.E.2d at 875 )). | 1 | 1 |
Lancaster v. Maple Street Homeowners Ass'n, Inc.green1 sentence2004App. 429, 436 , 577 S.E.2d 365, 371 (“Our Courts have long recognized that the party asserting the adverse possession claim must prove that their taking and possessing the land of another was hostile.”), affirmed per curiam, 357 N.C. 571 , 597 S.E.2d 672 (2003). | 1 | 1 |
Livermon v. Bridgettgreen2 sentences2002See id. (where one of the parties to an adverse possession claim contended in his pleading that “the boundaries were not as stated in the deeds,” thus justifying a compulsory reference). 2002See id. (where one of the parties to an adverse possession claim contended in his pleading that “the boundaries were not as stated in the deeds,” thus justifying a compulsory reference). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Deans v. Gay.
neutral
2 sentences2020And, seizing on the fact that the daughter had executed the mortgage deed as trustee, the Court held that the defendant’s possession could not satisfy an adverse possession claim because the defendant took “possession under, and not adverse to the trustee.” Id. at 231 , 43 S.E. at 645 . 2020And, seizing on the fact that the daughter had executed the mortgage deed as trustee, the Court held that the defendant’s possession could not satisfy an adverse possession claim because the defendant took “possession under, and not adverse to the trustee.” Id. at 231 , 43 S.E. at 645 . | 2 | 2020–2020 |
Burns v. Crump
green
1 sentence2025MARFIONE MURRY, J., dissenting Court reaffirmed these principles by rejecting the defendants’ adverse-possession claim because a deed offered as “color of title is such only for the land designated and described therein.” Burns, 245 N.C. at 362 . | 1 | 2025–2025 |
Ramsey v. . Ramsey
green
1 sentence2025On appeal to our Supreme Court, the Court dismissed the defendant’s adverse possession claim for twenty years, concluding the defendant’s possession of the triangular tract of land had “not continued for the requisite period and is therefore unavailing.” Id. at 272–73. | 1 | 2025–2025 |
Vanderbilt v. . Chapman
green
1 sentence2025Read through the prism of Vanderbilt v. Chapman, 172 N.C. 809 (1916) (discussed below), Burns and Ramsey articulate the blackletter rule that an adverse- possession claimant must offer an instrument documenting her right to certain realty if, but only if, she bases her tacking claim on privity of estate. | 1 | 2025–2025 |
In the Matter of Bj
neutral
1 sentence2018This Court applied the rule to affirm summary judgment dismissing an adverse possession claim in a more recent unpublished case, C & S Realty Corp. v. Blowe , 175 N.C. | 1 | 2018–2018 |
State v. Bell
neutral
1 sentence2018App. 591 , 624 S.E.2d 431 , 2006 WL 91594 (2006). | 1 | 2018–2018 |
Dulin Ex Rel. Dulin v. Faires
green
2 sentences2008See, e.g., McManus, 165 N.C.App. at 573 , 599 S.E.2d at 445 (stating that "[p]ossession is open and notorious if it places the true owner on notice of an adverse claim"); Daniel, 158 N.C.App. at 172 , 580 S.E.2d at 719 (stating that to meet the hostility requirement, the possessor's use of the property must be "`of such nature and exercised under such circumstances as to manifest and give notice that the use is being made under claim of right'" (quoting Dulin, 266 N.C. at 261 , 145 S.E.2d at 875 )). 2008See, e.g., McManus, 165 N.C.App. at 573 , 599 S.E.2d at 445 (stating that "[p]ossession is open and notorious if it places the true owner on notice of an adverse claim"); Daniel, 158 N.C.App. at 172 , 580 S.E.2d at 719 (stating that to meet the hostility requirement, the possessor's use of the property must be "`of such nature and exercised under such circumstances as to manifest and give notice that the use is being made under claim of right'" (quoting Dulin, 266 N.C. at 261 , 145 S.E.2d at 875 )). | 1 | 2008–2008 |
Melton v. FAMILY FIRST MORTGAGE CORPORATION
neutral
1 sentence2004App. 429, 436 , 577 S.E.2d 365, 371 (“Our Courts have long recognized that the party asserting the adverse possession claim must prove that their taking and possessing the land of another was hostile.”), affirmed per curiam, 357 N.C. 571 , 597 S.E.2d 672 (2003). | 1 | 2004–2004 |
Lancaster v. Maple Street Homeowners Ass'n
neutral
1 sentence2004App. 429, 436 , 577 S.E.2d 365, 371 (“Our Courts have long recognized that the party asserting the adverse possession claim must prove that their taking and possessing the land of another was hostile.”), affirmed per curiam, 357 N.C. 571 , 597 S.E.2d 672 (2003). | 1 | 2004–2004 |
Knight v. John L. Roper Lumber Co.
neutral
1 sentence1919Such possession of the purchaser is therefore not an adverse possession to the vendor; and if, by the act of limitations, an adverse possession is necessary to bar the plaintiff’s title, such an one as has been in the present case will not answer that description.” *540 In Knight v. Lumber Co., 168 N. C., 452 , the same principle is declared as follows: “It is true that, as against the vendor, the possession of the vendee, occupying under such a contract, does not, as a rule, become hostile or adverse until something has occurred that places one of the parties in the position of resistance to | 1 | 1919–1919 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.