An Overview of NC Property Line Laws
North Carolina property line laws are designed to help property owners know their rights and responsibilities regarding the boundary lines that separate their property from that of a neighbor. These laws recognize the existence of both natural and artificial features (waterways or fences) and address the issue of ownership to property that lies on both sides of the delineation. They also underline the principle of adverse possession, which allows landowners to gain ownership of a neighbor’s property through continuous and long-term use of the land.
Whether you own a residential lot or several hundred acres of undeveloped land, an understanding of North Carolina property line laws is crucial to protecting your investment and preventing disputes with your neighbors. Property owners in North Carolina have the right to request a survey at any time to clarify the location or dimensions of their property . In the event of a dispute, the Court will be compelled to follow the documented survey of the property, unless it is clearly erroneous.
Tree houses, deer stands, fence-building, and the like are all subject to these laws. If you are planning a building project that could affect the space beyond your property line, such as a fence along a boundary, it is important to research the realities of that law before proceeding with its construction.
While we often think of boundary lines and their implications from the standpoint of altercations with neighbors, North Carolina property line laws can also be helpful when it comes to problems with a title company. The point is not to know exactly where your boundaries lie in order to put up a fence, but to know the laws that may keep you from putting up a fence. If you want to hire a surveyor or landscaper to do some work, make sure you know the laws that may keep you from doing so.
How North Carolina Law Determines Property Line Boundaries
The most straightforward way to know where your property lines are located is to consult a professional land surveyor who competently applies the law and standards for at least a boundary survey. The surveyor will give you a consulting service (including advice on boundary line disputes), a drawing to scale that shows the location of the lines, and will typically flag and/or fence the corners for you to limit misunderstandings. The surveyor’s product can be as simple or complex as you want; for instance, if you have a lot with a house on it, you may or may not want to see the outline of the house captured on the drawing.
If you hire a surveyor, you want to ensure that he or she is registered and licensed in the state of North Carolina. Before the 1980s, surveying was largely unregulated in this state. Today, surveys may be done by professionals holding a license that is gained by past work experience and examination. The license may be used by that person alone. So, when a surveyor completes a survey on your property, you get a Certificate of Survey under the seal of that surveyor. The surveyor can also establish his or her line by a written agreement between adjacent owners to locate a new boundary. A written agreement with the neighbor subject to the recording requirements of the Register of Deeds, subject to the law of adverse possession, and subject to the law of acquiescence would also constitute a title by agreement, and one that can lock in the boundaries.
Getting a good survey is a systemic process of comparability to other property, that examines the prior evidence primarily in deeds and plat. Such a process gives great consideration to the record maps, especially older ones, which is a great help in matching up to earlier ground measurements. The result is a map that accurately identifies the perimeters of a given parcel, as well as the improvements on that parcel.
Another problem with boundary lines that does most harm to homeowners is the use of electronic input to set interior corners in large lots and to try to adjust the corners of the lot lines in to match what seems like the desired property line. GPS type measurements have not been around long and we have no idea what actual errors result from the "shot" on the ground, and then again later in the office when the data is processed. If we have questions about where the lines are, it is a good idea to have a survey by a licensed surveyor or surveyor-in-training.
Resolving Disputes Over Property Boundaries
It is said that fences make good neighbors. The adage rings only partially true once things turn ugly between North Carolina property owners about where one property begins and the other ends. Disputes can arise from trees that crossed what both parties assumed was their property. Or paths can traverse across property boundaries that one party may have previously thought belonged to them. When boundaries are in dispute, property owners often turn to the courts for a determination.
North Carolina’s courts have, over the years, developed a fertile case law for determining claimed property lines. From time to time, courts even bring in surveyors or master commissioners to assist with analysis of disputed boundaries. Land disputes may be resolved in many ways, and may require some thought regarding what you are trying to accomplish if the disagreement cannot be resolved privately.
If you want to destroy a tree or cut a path, the remedies may be different than if you are trying to maintain the status quo or stop from using a path. If the property line is in writing or memorialized on a plat, it may be enforced in certain circumstances. If there is evidence of adverse possession, the courts may treat a prescriptive easement differently. A prescriptive easement requires continuous use over a certain period of time and a court may order a terminating easement. Sometimes courts retain jurisdiction over the issues, as well.
Wherever the litigation may take you, understanding where you stand before a conflict arises in the future is inevitably helpful, and being well-informed will enable you to avoid a great deal of heartache in the event of a dispute.
How Property Line Laws Affect Your New Home Improvements
The laws governing property lines in North Carolina have a significant impact on home improvement projects. Homeowners must consider these laws for projects such as fences, driveways, and extensions. The location of fences on property lines may lead to boundary disputes with neighbors. Fences constructed beyond the property line can result in encroachments and legal liabilities. It is important to review if the fence is on your property by hiring a surveyor to survey the property boundaries. Also, consider a title insurance policy to insure the boundary lines. For more information on fences, see N.C.G.S. § 42-64 (2014). The construction of a driveway, including paving, may also affect neighbors. If the construction of a driveway will affect a neighbor’s property, then the driveway construction may need an easement. See Michaelis v. Richards, 187 N.C. 274, 122 S.E. 498 (1924). Extension projects, such as decks and sheds, that extend onto another’s property can also lead to boundary disputes. If a mistake is made on the land survey, or if the land survey is not performed, property owners can suffer adverse consequences. See N.C.G.S § 42-43; Pell v. Lake, 93 N.C. App. 236, 377 S.E.2d 145 (1989) (discussing adverse possession of land).
Easements and Property Lines in North Carolina
When considering North Carolina property line issues, you also must consider easements. Easements are generally used for the benefit of other property, not the benefit of the owner of the property (Dominion Power being the obvious exception, as they usually use their easements for the benefit of everyone). If the easement is an express easement from a prior owner of the property, the owner of the servient tenement (the property over which the easement runs) has little recourse regarding problems with the easement’s use. In some circumstances where the public is involved (public road, utility easement, etc.), there can be a presumption that the easement is valid.
A typical example of problems with an easement arises when stacked utility easements are present on the property . A new utility easement may have been granted to a utility company (think Piedmont Natural Gas or Duke Power) over an old utility easement, and the old easement is not referenced to the new easement. The result is often that the new easement is much closer to the house than the older easement. If the new easement is being used by the utility company, the servient tenement owner may not have any recourse for the utility company’s encroachment onto the property. Even if the servient tenement owner required the utility company to formally address this issue, it can be difficult to obtain an easement modification from the utility company if they do not want to do so.
How to Legally Resolve Encroachments
For instance, if the encroaching neighbor refuses to remove the intrusion and does not respond to a demand letter you might get from a surveyor or lawyer, the quickest solution may be to obtain a new survey and then file a lawsuit against the neighbor. They will have an opportunity to present evidence and obtain whatever remedy the court deems fair and just under the circumstances.
North Carolina law provides that a property owner cannot acquire title by adverse possession if they do not have at least 20 years continuous possession. If the property owner has been occupying the disputed land for less than 20 years, the property owner would have to prove that the encroachment into your property was intentional to make a claim. For instance, if the property owner intentionally built a fence a few feet onto your property, and did so knowing the property was theirs, you would have a strong argument against a claim of adverse possession.
Further, if a person has been openly, continues, and notoriously using property that is owned by another for 20 years, then the person using the land can make an adverse possession claim as long as the use was hostile and exclusive. It is important to know that this is not a claim against the landowner, but a claim for a new and different landowner. The person wanting to claim adverse possession must show that he/she built something on the property that was owned by someone else, and that they intended to exclude everyone else from the property and treated the property as their own.
So as soon as you suspect that there may be an encroachment onto your property you should start documenting pictures, dates, and be prepared with a survey that shows your property lines. Then you want to send a letter to the neighbor giving them notice of the encroachment. Then if they refuse to remove the encroachment, you can consider legal action. Of course, seeking legal advice may also be beneficial since last-minute deals are made every day that could save money and time.
Resources for Exploring Property Line Issues
There are several resources North Carolina residents can rely on to help better understand their property lines. When in doubt, it is best to turn to a local government office first. The Register of Deeds Office and Tax Assessor’s Office are two offices in North Carolina counties that are key to having a clear understanding of your property. These offices can clear up most common questions and issues for residents to avoid disputes. If you are still unclear after checking in with the Register of Deeds Office and the Tax Assessor’s Office , consulting with an attorney is a next step option. An attorney can help you review your property deed to help you understand your property lines. Consulting with an attorney will also be necessary if your boundary line dispute progresses into litigation. An attorney can offer you guidance and assist you in resolving the conflict externally or in court. Another option for establishing a good understanding of your property lines is to contact a local surveyor. North Carolina has dozens of commercial surveyors and land planners who are registered with the state. Surveys are often completed when there are disputes between neighbors, because the results are recognized by the court as definitive. Consulting with a surveyor will help ensure clarity when joining the courts to resolve your dispute.