North Carolina § 1-340 - Petition by claimant; execution suspended; issues found.

§ 1-340. Petition by claimant; execution suspended; issues found.

A defendant against whom a judgment is rendered for land may, at any time before execution, present a petition to the court rendering the judgment, stating that he, or those under whom he claims, while holding the premises under a color of title believed to be good, have made permanent improvements thereon, and praying that he may be allowed for the improvements, over and above the value of the use and occupation of the land. The court may, if satisfied of the probable truth of the allegation, suspend the execution of the judgment and impanel a jury to assess the damages of the plaintiff and the allowance to the defendant for the improvements. In any such action this inquiry and assessment may be made upon the trial of the cause. History (1871-2, c. 147; Code, s. 473; Rev., s. 652; C.S., s. 699.) Cross References. - As to registration of conveyances, contracts to convey, and leases of land, see G.S. 47-18 . Legal Periodicals. - For article on trespass to land in North Carolina, see 47 N.C.L. Rev. 31 (1968). For article on remedies for trespass to land in North Carolina, see 47 N.C.L. Rev. 334 (1969). For survey of 1976 case law on property, see 55 N.C.L. Rev. 1069 (1977). 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 article, "Mistaken Improvers of Real Estate," see 64 N.C.L. Rev. 37 (1985). For article, "The Law Is What It Is, But Is It Equitable? The Law of Encroachments Where the Innocent, Negligent, and Willful Are Treated the Same," see 39 Campbell L. Rev. 287 (2017).