Squatters and vacant property in North Carolina: what the law says

“Unauthorized person. – A person or persons occupying residential property who has no legal claim to the property, is not entitled to occupy it under a valid rental agreement or contract for deed, has not paid any rent or other form of payment to the property owner or an authorized representative of the property owner in connection with the occupancy of the property, and is not otherwise authorized to occupy the property. This term does not include a tenant who holds over after the lease term has expired under G.S. 42-26.”

“Any tenant or lessee of any house or land, and the assigns under the tenant or legal representatives of such tenant or lessee, who holds over and continues in the possession of the demised premises, or any part thereof, without the permission of the landlord, and after demand made for its surrender, may be removed from such premises in the manner hereinafter prescribed in any of the following cases: (1) When a tenant in possession of real estate holds over after his term has expired.”

“Sometimes, the officer may instruct the property owner to file an action for summary ejectment, only for the property owner to learn in small claims court that this remedy is not available in situations where there is no landlord-tenant relationship.”

“If the court finds for the property owner or authorized representative of the property owner, the court shall immediately enter a written order granting the property owner or authorized representative of the property owner possession and stating the time when the unauthorized person shall vacate the property. In no case shall this time be more than four hours after service of the order on the unauthorized person.”

“A person may bring a civil cause of action against the property owner or authorized representative for wrongful removal under this Article. A person harmed by a wrongful removal under this Article may be entitled to recover possession of the property and may recover from the property owner or authorized representative damages limited to actual damages as in an action for trespass or conversion and shall not include punitive damages, treble damages, or damages for emotional distress.”

“If the court has entered an order of removal and an unauthorized person fails to remove personal property from the residential property within the time allowed by the order, the property owner or authorized representative of the property owner may remove the personal property from the premises to or near the property line. The failure of an unauthorized person to vacate a residential property in accordance with a court order issued pursuant to G.S. 14-159.52(b) shall constitute a criminal trespass under G.S. 14-159.13(a)(1).”

“It is the public policy of the State of North Carolina, in order to maintain the public peace, that a residential tenant shall be evicted, dispossessed or otherwise constructively or actually removed from his dwelling unit only in accordance with the procedure prescribed in Article 3 or Article 7 of this Chapter.”

“A person commits the offense of first degree trespass if, without authorization, the person enters or remains on or in any of the following: (1) The premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders. (2) The building of another.”

“Except as otherwise provided in subsection (c), (d), or (f) of this section, first degree trespass is a Class 2 misdemeanor.”

“A violation of subsection (a) of this section is a Class I felony and shall include a fine of not less than one thousand dollars ($1,000) for each violation, if any of the following circumstances exist: (1) The offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession. (2) The offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest.”

“A person commits the offense of second degree trespass if, without authorization, the person enters or remains on any of the following: (1) On premises of another after the person has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person. (2) On premises that are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises. (3) On the curtilage of a dwelling of another between the hours of midnight and 6:00 A.M. (b) Penalties. – A violation of subdivision (a)(1) or (a)(2) of this section is a Class 3 misdemeanor. A violation of subdivision (a)(3) of this section is a Class 2 misdemeanor.”

“(1) Offense in Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense, or has violated a pretrial release order entered under G.S. 15A-534 or G.S. 15A-534.1(a)(2), in the officer's presence. (2) Offense Out of Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed or violated any of the following: a. A felony. b. A misdemeanor, when the person meets at least one of the following criteria: 1. Will not be apprehended unless immediately arrested. 2. May cause physical injury to himself or others, or damage to property unless immediately arrested.”

“When it is not clear whether the occupant is a tenant or a trespasser, law enforcement may hesitate to arrest the occupant for trespass, especially if the occupant argues that the property is their residence.”

“A property owner or an authorized representative of the property owner may initiate an expedited removal proceeding for the removal of an unauthorized person unlawfully occupying residential property pursuant to this Article. The complaint in the proceeding shall allege at least the following: (1) The requesting party is the property owner or the authorized representative of the property owner.”

“This Article does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unauthorized person for trespassing, vandalism, theft, or other crimes.”

“An expedited removal proceeding shall commence with the filing of a complaint and issuance of a summons in the county where the property is located. If the office of the clerk of the superior court is closed, the complaint shall be filed with, and the summons issued by, a magistrate. If the identity of the unauthorized person occupying the property is not known to the property owner or the authorized representative of the property owner, then the complaint and summons may properly be addressed to "John (and/or Jane) Doe and all Occupants." The complainant shall provide the summons and the complaint to the sheriff. The service of the summons and complaint for expedited removal shall be made by the sheriff on the unauthorized person personally or by posting a copy of the summons and complaint on the front door of the property and shall be made within 24 hours of the sheriff receiving the summons and complaint for service. The sheriff, upon service, shall promptly file a return. A hearing on the expedited removal shall be held before a magistrate in the county where the property is located as soon as practicable, but no more than 48 hours after such service.”

“If the court finds for the property owner or authorized representative of the property owner, the court shall immediately enter a written order granting the property owner or authorized representative of the property owner possession and stating the time when the unauthorized person shall vacate the property. In no case shall this time be more than four hours after service of the order on the unauthorized person. The court's order shall be served on the unauthorized person at the hearing. If the unauthorized person does not appear at the hearing or leaves before the order is served, the complainant shall provide a copy of the order to the sheriff and the order shall be served by delivering the order to the unauthorized person or by posting the order on the front door of the property by the sheriff within 24 hours of the sheriff receiving the order for service.”

“While a property owner in this position could file an action in district court for civil trespass, there was until recently no expedited procedure for the removal of such unauthorized occupants.”

“The service of the summons and complaint for expedited removal shall be made by the sheriff on the unauthorized person personally or by posting a copy of the summons and complaint on the front door of the property and shall be made within 24 hours of the sheriff receiving the summons and complaint for service. … A hearing on the expedited removal shall be held before a magistrate in the county where the property is located as soon as practicable, but no more than 48 hours after such service. … In no case shall this time be more than four hours after service of the order on the unauthorized person.”

“An unauthorized person, property owner, or authorized representative of the property owner may appeal a court order issued pursuant to G.S. 14-159.52(b) to the district court for a trial de novo. If the court finds for the property owner or the authorized representative of the property owner, the court shall determine the amount of the appeal bond that the unauthorized person shall be required to post should the unauthorized person seek to appeal the court order. The amount of the bond shall be a minimum of ten thousand dollars ($10,000), but may be set at a higher amount based on an estimate of the rent that could reasonably be charged for a valid rental of the property during the time the unauthorized person is prosecuting the appeal and reasonable damages that the property owner may suffer, including damage to property and damages arising from the inability of the property owner to reside in or rent the property during the unauthorized person's possession of the property.”

“The statute is silent about the fees for this action. Since it does not expressly waive court costs, a fee should be collected.”

“A hearing on the expedited removal shall be held before a magistrate in the county where the property is located as soon as practicable, but no more than 48 hours after such service. … If the court finds for the property owner or authorized representative of the property owner, the court shall immediately enter a written order granting the property owner or authorized representative of the property owner possession and stating the time when the unauthorized person shall vacate the property.”

“Upon completion of the affidavit before the clerk of superior court or the magistrate, the property owner or authorized representative of the property owner shall provide the original affidavit to the law enforcement agency with jurisdiction over where the residential property is located. Within 24 hours after receipt of the affidavit, the law enforcement agency shall remove the unauthorized person from the residential property.”

“This legislation originally addressed squatters, and I supported it. At the last moment, however, an unrelated amendment was added that prohibits local governments from regulating pet stores. This bill would facilitate inhumane puppy mills in North Carolina. Without this provision, I would sign the legislation. With it, I cannot support it. Therefore, I veto the bill.”

“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.”

“When a person or those under whom he claims is and has been in possession of any real property, under known and visible lines and boundaries and under color of title, for seven years, no entry shall be made or action sustained against such possessor by a person having any right or title to the same, except during the seven years next after his right or title has descended or accrued, who in default of suing within that time shall be excluded from any claim thereafter made; and such possession, so held, is a perpetual bar against all persons not under disability: Provided, that commissioner's deeds in judicial sales and trustee's deeds under foreclosure shall also constitute color of title.”