North Carolina General Statutes
Article 4 - Limitations, Real Property.
§ 1-38 - Seven years' possession under color of title.

1-38. Seven years' possession under color of title.
(a) 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.
(b) If
(1) The marking of boundaries on the property by distinctive markings on trees or by the implacement of visible metal or concrete boundary markers in the boundary lines surrounding the property, such markings to be visible to a height of 18 inches above the ground, and
(2) The recording of a map prepared from an actual survey by a surveyor registered under the laws of North Carolina, in the book of maps in the office of the register of deeds in the county where the real property is located, with a certificate attached to said map by which the surveyor certifies that the boundaries as shown by the map are those described in the deed or other title instrument or proceeding from which the survey was made, the surveyor's certificate reciting the book and page or file number of the deed, other title instrument or proceeding from which the survey was made,
(c) Maps recorded prior to October 1, 1973 shall qualify as if they had been certified as herein provided if said maps can be proven to conform to the boundary lines on the ground and to conform to instruments of record conveying the land which is the subject matter of the map, to the person whose name is indicated on said recorded map as the owner thereof. Maps recorded after October 1, 1973 shall comply with the provisions for a certificate as hereinbefore set forth. (C.C.P., s. 20; Code, s. 141; Rev., s. 382; C.S., s. 428; 1963, c. 1132; 1973, c. 250; 1975, c. 207.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 1 - Civil Procedure

Article 4 - Limitations, Real Property.

§ 1-35 - Title against State.

§ 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.

§ 1-41 - Action after entry.

§ 1-42 - Possession follows legal title; severance of surface and subsurface rights.

§ 1-42.1 - Certain ancient mineral claims extinguished in certain counties.

§ 1-42.2 - Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation.

§ 1-42.3 - Additional ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation in such counties.

§ 1-42.4 - Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation.

§ 1-42.5 - Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county.

§ 1-42.6 - Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation.

§ 1-42.7 - Additional amount mineral claims extinguished in Chatham County; oil, gas and mineral interests to be recorded and listed for taxation.

§ 1-42.8 - Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation.

§ 1-42.9 - Ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation.

§ 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.