1-45.1. No adverse possession of property subject to public trust rights.
Title to real property held by the State and subject to public trust rights may not be acquired by adverse possession. As used in this section, "public trust rights" means those rights held in trust by the State for the use and benefit of the people of the State in common. They are established by common law as interpreted by the courts of this State. They include, but are not limited to, the right to navigate, swim, hunt, fish, and enjoy all recreational activities in the watercourses of the State and the right to freely use and enjoy the State's ocean and estuarine beaches and public access to the beaches. (1985, c. 277, s. 1.)
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.