NC General Statutes
N.C. Gen. Stat. § 1-340 (2026)
Petition by claimant; execution suspended; issues found
✓ current as of July 2026
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A defendant against whom a judgment is rendered for land may, at any time before execution, present a petition to the court rendering the judgment, stating that he, or those under whom he claims, while holding the premises under a color of title believed to be good, have made permanent improvements thereon, and praying that he may be allowed for the improvements, over and above the value of the use and occupation of the land. The court may, if satisfied of the probable truth of the allegation, suspend the execution of the judgment and impanel a jury to assess the damages of the plaintiff and the allowance to the defendant for the improvements. In any such action this inquiry and assessment may be made upon the trial of the cause. (1871-2, c. 147; Code, s. 473; Rev., s. 652; C.S., s. 699.)
Notes of Decisions
Cited in 18
cases, 1954–2017 · leading case: State v. Taylor, 368 S.E.2d 601 (N.C. 1988).
State v. Taylor, 368 S.E.2d 601 (N.C. 1988). “The State filed a response setting forth its claim of sovereign immunity as a complete defense and contending both that Taylor's betterments petition was not timely filed and that in any event it failed because Taylor did not have color of title to the land when he made the…”
Fabrikant v. Currituck Cnty., 621 S.E.2d 19 (N.C. Ct. App. 2005). “1 cannot be broadened to include a claim for betterments under N.C.G.S. § 1-340.” Id. In comparison, in Shingleton, 260 N.”
Camden Cnty. v. Ne. Cmty. Dev. Corp., 263 F. Supp. 3d 556 (E.D.N.C. 2017). “Section 1-340 provides: A defendant- against whom a judgment is rendered for land may, at any time before execution, present a petition to the court rendering the judgment, stating that he, or those under whom he claims, while holding the premises under a color of title believed…”
Anderson v. Brokers, Inc. (In Re Brokers, Inc.), 396 B.R. 146 (Bankr. M.D.N.C. 2008). “Anderson pursues the cause of action under N.C. Gen.Stat. § 1-340. The statute states: A defendant against whom judgment is rendered for land may, at any time before execution, present a petition to the court rendering the judgment, stating he, or those under whom he claims,…”
Atl. & East Carolina Ry. Co. v. Wheatly Oil Co., 594 S.E.2d 425 (N.C. Ct. App. 2004). “Thus, SOA would not be permitted to receive compensation for any improvements made to property, and Wheatly, in turn, is also barred from seeking any such compensation.”
Clontz v. Clontz, 261 S.E.2d 695 (N.C. Ct. App. 1980). “*575 By G.S. 1-340, the betterments statute, North Carolina provides for recovery of the value of improvements made upon another’s property.”
Jenkins v. Richmond Cnty., 394 S.E.2d 258 (N.C. Ct. App. 1990). “Our betterment statutes allow defendants who in good faith and under colorable title enter into possession of land under a mistaken belief that their title is good and who are subsequently ejected by the true owners to petition the court for compensation for the improvements…”
Wright v. Wright, 289 S.E.2d 347 (N.C. 1982). “Claims founded on unjust enrichment must be distinguished from defensive rights arising under the betterments statute, G.S. 1-340. Under this statute one who, under colorable title, and in a good faith but mistaken belief that he has good title, makes improvements on land is…”
Beacon Homes, Inc. v. Holt, 146 S.E.2d 434 (N.C. 1966). “G.S. 1-340. He may resort to the equitable doctrine of unjust enrichment frequently enforced under the doctrine of estoppel.”
Lovett v. Stone, 79 S.E.2d 479 (N.C. 1954). “The trial judge found, concluded, and adjudged with correctness that the defendant Dewey Stone was not entitled to any offset or recovery against the plaintiff Billy Stone on account of the improvements made by him on the H. J. Stone tract.”
Harris v. Ashley, 248 S.E.2d 393 (N.C. Ct. App. 1978). “See G.S. 1-340. In order to recover, the improver must have had a bona fide belief in the validity of his title, and that belief must have been reasonable.”
Pamlico Cnty. v. Davis, 107 S.E.2d 306 (N.C. 1959). “Protection is, by statute, G.S. 1-340, afforded one who makes permanent improvements to property, believing that he has good title to the property so improved.”
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