North Carolina General Statutes
Article 4 - Limitations, Real Property.
§ 1-45 - No title by possession of public ways.

1-45. No title by possession of public ways.
No person or corporation shall ever acquire any exclusive right to any part of a public road, street, lane, alley, square or public way of any kind by reason of any occupancy thereof or by encroaching upon or obstructing the same in any way, and in all actions, whether civil or criminal, against any person or corporation on account of an encroachment upon or obstruction or occupancy of any public way it shall not be competent for a court to hold that such action is barred by any statute of limitations. (1891, c. 224; Rev., s. 389; C.S., s. 435.)

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.