NC General Statutes
N.C. Gen. Stat. § 38-1 (2026)
Special proceeding to establish
✓ current as of July 2026
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The owner of land, any of whose boundary lines are in dispute, may establish any of such lines by special proceedings in the superior court of the county in which the land or any part thereof is situated. (1893, c. 22; Rev., s. 325; C.S., s. 361.)
Notes of Decisions
Cited in 15
cases, 1945–2007 · leading case: Chappell v. Donnelly, 439 S.E.2d 802 (N.C. Ct. App. 1994).
Chappell v. Donnelly, 439 S.E.2d 802 (N.C. Ct. App. 1994). “As the result of a controversy regarding the proper boundary between the two tracts, plaintiffs filed a complaint pursuant to N.C.G.S. § 38-1 (1984). They alleged defendants were in wrongful possession of an approximately 22' by 332' strip of plaintiffs’ land, and further…”
Pruden v. Keemer, 136 S.E.2d 604 (N.C. 1964). “” A special proceeding under G.S. 38-1 through G.S. 38-3 may be instituted by an owner of land whose boundary lines are in dispute.”
Etter v. Pigg, 652 S.E.2d 71 (N.C. Ct. App. 2007). “N.C. Gen. Stat. § 38-1 (2005). A special proceeding under N.”
Cobb v. Spurlin, 327 S.E.2d 244 (N.C. Ct. App. 1985). “Where the only issue to be tried is the location of a dividing line, it is a processioning proceeding under G.S. 38-1, et seq. See, Cornelison v. Hammond, 225 N.”
Nesbitt v. Fairview Farms, Inc., 80 S.E.2d 472 (N.C. 1954). “At the outset, it is appropriate to say that in this State it is provided by statute, G.S. 38-1, that “the owner of land, any of whose boundary lines are in dispute, may establish any of such lines by special proceedings in the Superior Court of the county in which the land or…”
Beal v. Dellinger, 248 S.E.2d 775 (N.C. Ct. App. 1978). “Here, the petitioners included in their petition the deed description by metes and bounds of the property they owned, then alleged: 3.”
Lane Ex Rel. Lane v. Lane, 121 S.E.2d 893 (N.C. 1961). “*449 Where, in a special proceeding under G.S. 38-1 et seq., to establish a boundary line, the defendant, by his answer, denies the petitioner’s title and, as a defense, pleads seven years’ adverse possession under color of title under G.”
Kelly v. . King, 36 S.E.2d 220 (N.C. 1945). “Hammond, ante, 535, as authority against a nonsuit, considering the question involved as being one of boundary only, but that case was a processioning proceeding under G. S., 38-1, instituted for the purpose of determining where the line in controversy between adjoining…”
Beal v. Dellinger, 248 S.E.2d 775 (N.C. Ct. App. 1978). “Here, the petitioners included in their petition the deed descriptions by metes and bounds of the property they owned, then alleged: 3.”
Faucette v. Zimmerman, 338 S.E.2d 804 (N.C. Ct. App. 1986). “Plaintiffs initiated a processioning proceeding pursuant to G.S. 38-1 to 38-4. Proper pleadings were filed by both parties and a full evidentiary hearing was conducted by the Clerk of Superior Court.”
Morris v. Wilkins, 85 S.E.2d 892 (N.C. 1955). “Nor does it apply to a special proceeding under G.S. 38-1 et seq. to establish the location of a boundary line.”
Roberts v. . Sawyer, 48 S.E.2d 468 (N.C. 1948). “G. S., 38-1 to 38-4. Thirdly, even if title were involved, Smith v.”
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