N.C. Gen. Stat. » Chapter 41
NC General Statutes

N.C. Gen. Stat. § 41-10.1 (2026)

Trying title to land where State claims interest

✓ current as of July 2026
Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 41 CornellLII Search CasesGoogle Scholar

Whenever the State of North Carolina or any agency or department thereof asserts a claim of title to land which has not been taken by condemnation and any individual, firm or corporation likewise asserts a claim of title to the said land, such individual, firm or corporation may bring an action in the superior court of the county in which the land lies against the State or such agency or department thereof for the purpose of determining such adverse claims. Provided, however, that this section shall not apply to lands which have been condemned or taken for use as roads or for public buildings. (1957, c. 514.)

 

Notes of Decisions
Cited in 10 cases, 1963–2018 · leading case: State v. Taylor, 368 S.E.2d 601 (N.C. 1988).
Sort: Relevance Newest Treatment
State v. Taylor, 368 S.E.2d 601 (N.C. 1988). · cites it 48× “N.C.G.S. § 41-10.1 (1984). The specific phrase at issue in N.”
Fabrikant v. Currituck Cnty., 621 S.E.2d 19 (N.C. Ct. App. 2005). · cites it 18× “1 , upon which plaintiffs rely, provides: Whenever the State of North Carolina or any agency or department thereof asserts a claim of title to land which has not been taken by condemnation and any individual, firm or corporation likewise asserts a claim of title to the said…”
State v. Taylor, 355 S.E.2d 169 (N.C. Ct. App. 1987). · cites it 8× “The majority has broadened the scope of the waiver of sovereign immunity in G.S. 41-10.1 so as to permit a betterments action against the State.”
Abbott v. North Carolina Bd. of Nursing, 627 S.E.2d 482 (N.C. Ct. App. 2006). · cites it 2× “2d 601 , 602 (1988) (sovereign immunity waived to suits involving "claims of title to land" pursuant to N.C. Gen.Stat. § 41-10.1); Minneman v. Martin, 114 N.”
Camden Cnty. v. Ne. Cmty. Dev. Corp., 263 F. Supp. 3d 556 (E.D.N.C. 2017). · cites it 2× “Under N.C. Gen. Stat. § 41-10.1 , North Carolina has waived its sovereign immunity only as to “claim[s] of title to land which has not been .”
Williams v. North Carolina State Bd. of Educ., 147 S.E.2d 381 (N.C. 1966). · cites it 2× “— Whenever the State of North Carolina or any agency or department thereof asserts a claim of title to land which has not been taken by condemnation and any individual, firm or corporation likewise asserts a claim of title to the said land, such individual, firm or corporation…”
Shingleton v. State, 133 S.E.2d 183 (N.C. 1963). “Defendants demur ore tenus to the complaint on the ground that the superior court is without jurisdiction of tire subject-matter of this action.”
Mattox v. State, 205 S.E.2d 364 (N.C. Ct. App. 1974). · cites it 2× “Whenever the State of North Carolina or any agency or department *679 thereof asserts a claim of title to land which has not been taken by condemnation and any individual, firm or corporation likewise asserts a claim of title to the said land, such individual, firm or…”
Eidogen-Sertanty, Inc. v. Univ. of N.C., 2018 NCBC 127 (N.C. Bus. Ct. 2018). · cites it 2× “Thus, even if the General Assembly intended to authorize civil actions for misappropriation against some governments or governmental bodies (which is not at all clear), that authorization does not extend to the State.”
Costner v. City of Greensboro, 246 S.E.2d 552 (N.C. Ct. App. 1978). “G.S. 41-10.1, “Trying title to land where State claims interest.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.