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NC General Statutes

N.C. Gen. Stat. § 1-40 (2026)

Twenty years adverse possession

✓ current as of July 2026
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No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession thereof, or defendant in the action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years; and such possession so held gives a title in fee to the possessor, in such property, against all persons not under disability. (C.C.P., s. 23; Code, s. 144; Rev., s. 384; C.S., s. 430.)

 

Notes of Decisions
Cited in 74 cases (8 in the last 5 years), 1944–2025 · leading case: Pegg v. Jones, 653 S.E.2d 229 (N.C. Ct. App. 2007).
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Pegg v. Jones, 653 S.E.2d 229 (N.C. Ct. App. 2007). · cites it 26× “2d 621, 624 (1982) (emphasis added); see also N.C. Gen.Stat. § 1-40 (2005). If the property had been possessed under color of title, however, the statutory time limit is only seven (7) years.”
Duke Energy Carolinas, LLC v. Gray, 789 S.E.2d 445 (N.C. 2016). · cites it 14× “As a result, this action falls within the twenty-year statute of limitations set out in N.C.G.S. § 1-40. Accordingly, we reverse the decision of the Court of Appeals.”
Jones v. Miles, 658 S.E.2d 23 (N.C. Ct. App. 2008). · cites it 8× “See N.C. Gen.Stat. § 1-40 (2007). The trial court issued an order on 16 August 2006 granting Defendant's motion for summary judgment.”
Dockery v. Hocutt, 581 S.E.2d 431 (N.C. 2003). · cites it 7× “A review of the record reveals that it is devoid of evidence of known and visible boundaries as to six of the twelve lots surrounding the land.”
Merrick v. Peterson, 548 S.E.2d 171 (N.C. Ct. App. 2001). · cites it 4× “In her complaint, plaintiff asserted ownership of the disputed property based on adverse possession under color of title for more than seven years, and adverse possession for more than forty years (twenty years of adverse possession being sufficient under N.C. Gen. Stat. § 1-40…”
McManus v. Kluttz, 599 S.E.2d 438 (N.C. Ct. App. 2004). · cites it 6× “See N.C. Gen. Stat. § 1-40 (2003). 3 . The 1973 amendment also added subsection (c) to § 1-38.”
Honeycutt v. Weaver, 812 S.E.2d 859 (N.C. Ct. App. 2018). · cites it 8× “Next, Tommy argues that his request for declaratory judgment is governed by the 20-year statute of limitations for adverse possession under N.C. Gen. Stat. § 1-40 (2015) because the deed from Margaret to *603 Brenda *863 did not pass color of title.”
Cole v. Bonaparte'S Retreat Prop. Owners' Ass'n, Inc., 815 S.E.2d 403 (N.C. Ct. App. 2018). · cites it 10× “*409 The term "adverse" has been defined by our Supreme Court as follows: It consists in actual possession, with an intent to hold solely for the possessor to the exclusion of others, and is denoted by the exercise of acts of dominion over the land, in making the ordinary use…”
Lancaster v. Maple Street Homeowners Ass'n, Inc., 577 S.E.2d 365 (N.C. Ct. App. 2003). · cites it 8× “In the case sub judice, defendant was required to prove actual, open, hostile, exclusive, and continuous possession of the subject land for twenty years since it had not had possession under color of title for the required seven years.”
Minor v. Minor, 742 S.E.2d 790 (N.C. 2013). · cites it 3× “Defendant testified that the house and other buildings were on a part of the lot that she described as generally corresponding to a buried electronic dog fence marked with some flags apparently protruding from the ground for the edification of the dog.”
Pegg v. Doe, 632 S.E.2d 600 (N.C. Ct. App. 2006). · cites it 4× “N.C. Gen. Stat. § 1-40 (2005). "'In order for adverse possession to ripen title in the possessor, the possession must be actual, open, hostile, exclusive and continuous.”
Beam v. Kerlee, 461 S.E.2d 911 (N.C. Ct. App. 1995). · cites it 2× “2d 730, 732 (1988); N.C. Gen. Stat. § 1-40 (1983). Successive adverse users in privity with prior adverse users can tack successive adverse possessions of land so as to aggregate the prescriptive period of twenty years.”
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