1-35. Title against State.
The State will not sue any person for, or in respect of, any real property, or the issue or profits thereof, by reason of the right or title of the State to the same -
(1) When the person in possession thereof, or those under whom he claims, has been in the adverse possession thereof for thirty years, this possession having been ascertained and identified under known and visible lines or boundaries; which shall give a title in fee to the possessor.
(2) When the person in possession thereof, or those under whom he claims, has been in possession under color of title for twenty-one years, this possession having been ascertained and identified under known and visible lines or boundaries. (R.C., c. 65, s. 2; C.C.P., s. 18; Code, s. 139; Rev., s. 380; C.S., s. 425.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 4 - Limitations, Real Property.
§ 1-36 - Title presumed out of State.
§ 1-37 - Such possession valid against claimants under State.
§ 1-38 - Seven years' possession under color of title.
§ 1-39 - Seizin within twenty years necessary.
§ 1-40 - Twenty years adverse possession.
§ 1-42 - Possession follows legal title; severance of surface and subsurface rights.
§ 1-42.1 - Certain ancient mineral claims extinguished in certain counties.
§ 1-43 - Tenant's possession is landlord's.
§ 1-44 - No title by possession of right-of-way.
§ 1-44.1 - Presumption of abandonment of railroad right-of-way.
§ 1-44.2 - Presumptive ownership of abandoned railroad easements.
§ 1-45 - No title by possession of public ways.
§ 1-45.1 - No adverse possession of property subject to public trust rights.