North Carolina § 1-40 - Twenty years adverse possession.

Full text of North Carolina North Carolina General Statutes § 1-40 — Twenty years adverse possession., with citation guidance and answers to common questions.

§ 1-40. Twenty years adverse possession.

No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession thereof, or defendant in the action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years; and such possession so held gives a title in fee to the possessor, in such property, against all persons not under disability. History (C.C.P., s. 23; Code, s. 144; Rev., s. 384; C.S., s. 430.) Cross References. - As to adverse possession for seven years under color of title, see G.S. 1-38 . Legal Periodicals. - For article on recent developments in North Carolina law of eminent domain, see 48 N.C.L. Rev. 767 (1970). For article, "Transferring North Carolina Real Estate Part I: How the Present System Functions," see 49 N.C.L. Rev. 413 (1971). For comment, "Taking Without Compensation: Measure of Permanent Damages Modified by Application of Limitation of Actions for Trespass," see 20 Wake Forest L. Rev. 671 (1984). For note, "Walls v. Grohman: Adverse Possession in Mistaken Boundary Cases," see 64 N.C.L. Rev. 1496 (1986). For article, "Torrens Title in North Carolina-Maybe a Hundred Years Is Long Enough," see 39 Campbell L. Rev. 271 (2017).

Source: official North Carolina text · Last verified 2026-08-27

Frequently Asked Questions About North Carolina § 1-40

What does North Carolina General Statutes § 1-40 cover?

Section 1-40 ("Twenty years adverse possession.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Carolina § 1-40?

A common citation format is "North Carolina General Statutes § 1-40" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.

How does North Carolina § 1-40 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.