N.C. Gen. Stat. § 1-35
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The State will not sue any person for, or in respect of, any real property, or the issue or profits thereof, by reason of the right or title of the State to the same -
(1) When the person in possession thereof, or those under whom he claims, has been in the adverse possession thereof for thirty years, this possession having been ascertained and identified under known and visible lines or boundaries; which shall give a title in fee to the possessor.
(2) When the person in possession thereof, or those under whom he claims, has been in possession under color of title for twenty-one years, this possession having been ascertained and identified under known and visible lines or boundaries. (R.C., c. 65, s. 2; C.C.P., s. 18; Code, s. 139; Rev., s. 380; C.S., s. 425.)
Notes of Decisions
Cited in 8
cases, 1952–2017 · leading case: Hutelmyer v. Cox
Hutelmyer v. Cox (1999)
“Furthermore, there was evidence before the jury concerning "[t]he reprehensibility of the defendant's motives and conduct," "[t]he likelihood.”
Lancaster v. Maple Street Homeowners Ass'n, Inc. (2003)
“" Presuming the property owners mistakenly believed the property belonged to the Town of Lake Waccamaw, their possession would remain hostile and exclusive as against plaintiffs under the standard set forth in Walls and Enzor .”
North Carolina Ex Rel. North Carolina Department of Administration v. Alcoa Power Generating, Inc. (2017)
“[w]hen the person in possession thereof ... has been in the adverse possession thereof for thirty years .”
State v. West (1976)
“146, G.S. 1-35, G.S. 121-5, and G.S. 132-3. An examination of the above statutory provisions indicates that the General Assembly has prescribed a method for the sale of surplus State land and personal property and that it has established a statute of limitations within which the…”
State v. Brooks (1969)
“Plaintiff assigns as error that the evidence of defendants does not suffice to show adverse possession for thirty years within the purview of G.S. 1-35(1). The evidence as summarized in the decision of the Court of Appeals does not mention two stipulations entered into by and…”
United States v. Burnette (1952)
“Having thus disposed of the question of title, but going further in line with the pleadings filed, and assuming that it should be held that the survey made in 1912-13 under which the condemnation subsequently was had was incorrect or was in error, then it would appear from the…”
State v. Taylor (1983)
“Chiefly, to claim title to land through adverse possession under color of title against the State, the party claiming title must possess the land identified under known and visible lines and boundaries for 21 years as provided in G.S. 1-35. Since the Taylor Group first entered…”
North Carolina ex rel. North Carolina Department of Administration v. Alcoa Power Generating, Inc. (2015)
“N.C. Gen. Stat. § 1-35 . The Court previously denied -Alcoa’s motion for summary judgment because the issue of navigability impacted whether Alcoa could adversely possess the Relevant Segment.”
— N.C. Gen. Stat. § 1-35(1) — 1 case
State v. Brooks (1969)
“Plaintiff assigns as error that the evidence of defendants does not suffice to show adverse possession for thirty years within the purview of G.S. 1-35(1). The evidence as summarized in the decision of the Court of Appeals does not mention two stipulations entered into by and…”
— N.C. Gen. Stat. § 1-35(2) — 1 case
Hutelmyer v. Cox (1999)
“Furthermore, there was evidence before the jury concerning "[t]he reprehensibility of the defendant's motives and conduct," "[t]he likelihood.”
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