State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-38

§1‑38.  Seven years' possession under color of title.

(a)        When a person orthose 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, forseven years, no entry shall be made or action sustained against such possessorby a person having any right or title to the same, except during the sevenyears next after his right or title has descended or accrued, who in default ofsuing within that time shall be excluded from any claim thereafter made; andsuch possession, so held, is a perpetual bar against all persons not underdisability: Provided, that commissioner's deeds in judicial sales and trustee'sdeeds under foreclosure shall also constitute color of title.

(b)        If

(1)        The marking ofboundaries on the property by distinctive markings on trees or by theimplacement of visible metal or concrete boundary markers in the boundary linessurrounding the property, such markings to be visible to a height of 18 inchesabove the ground, and

(2)        The recording of amap prepared from an actual survey by a surveyor registered under the laws ofNorth Carolina, in the book of maps in the office of the register of deeds inthe county where the real property is located, with a certificate attached tosaid map by which the surveyor certifies that the boundaries as shown by themap are those described in the deed or other title instrument or proceedingfrom which the survey was made, the surveyor's certificate reciting the bookand page or file number of the deed, other title instrument or proceeding fromwhich the survey was made,

then the listing and paying oftaxes on the real property marked and for which a survey and map have beencertified and recorded as provided in subdivisions (1) and (2) above shallconstitute prima facie evidence of possession of real property under known andvisible  lines and boundaries. Maps recorded prior to October 1, 1973 may bequalified under this statute by the recording of certificates prepared inaccordance with subdivision (b)(2) above. Such certificates must contain thebook and page number where the map is filed, in addition to the informationrequired by subdivision (b)(2) above, and shall be recorded and indexed in thedeed books. When a certificate is filed to qualify such a recorded map, theregister of deeds shall make a marginal notation on the map in the followingform: "Certificate filed pursuant to G.S. 1‑38(b), book______ (enterbook where filed), page _____"

(c)        Maps recorded priorto October 1, 1973 shall qualify as if they had been certified as hereinprovided if said maps can be proven to conform to the boundary lines on theground and to conform to instruments of record conveying the land which is thesubject matter of the map, to the person whose name is indicated on saidrecorded map as the owner thereof. Maps recorded after October 1, 1973 shallcomply 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.)