In 2025, North Carolina introduced a new law that makes it easier to remove squatters from private property. This law became effective in December of 2025, and it allows property owners to remove squatters in an expedited manner. This law also clearly defines squatters and gives property owners the ability to “eject” these individuals without having to go through costly, time-consuming lawsuits. This new law has brought renewed attention to the concept of “squatter’s rights” and the law for land ownership. Property owners should discuss these new developments with an experienced civil dispute lawyer in North Carolina. Squatters may also choose to enlist the help of lawyers in some situations. With 350 years of combined experience, King Law Offices has handled various civil cases while helping over 84,000 clients. Schedule a consultation with King Law Offices by contacting us at (888) 748-5464. We serve clients in Boone, Waynesville, Charlotte, Cornelius, and Winston-Salem.
North Carolina Recognizes Squatter’s Rights, But Has Taken Steps to Limit Them
Before December 2025, judicial removal procedures only applied to tenants in North Carolina, and not necessarily squatters. As a result, property owners who attempted to remove squatters through this “summary ejectment” process were unable to do so unless they could demonstrate a landlord-tenant relationship. One of the few ways to overcome this barrier was to file a civil trespass claim, although such lawsuits were often time-consuming and costly.
As of December 2025, a new law allows property owners to remove squatters in the same way they would a tenant with an expired lease. This statute provides a clear definition of squatters, which was previously absent in North Carolina. With all that said, North Carolina still recognizes “squatter’s rights” to some degree through a legal concept known as “adverse possession.” Under the specific limitations of this doctrine, a squatter might become the legal owner of a property if they occupy it for an extended period of time.
Summary of Squatter’s Rights in North Carolina
North Carolina updated its land ownership laws in December 2025 to allow faster removal of squatters while still preserving limited squatter’s rights under adverse possession.
- House Bill 96 created an expedited legal process that allows property owners to remove qualifying squatters, referred to as “unauthorized persons,” without lengthy civil litigation.
- The law outlines strict eligibility requirements, including the absence of any legal claim to the property and proof that the owner requested the individual to leave.
- Adverse possession remains unchanged, meaning an individual could still gain ownership rights after occupying property for a statutorily defined period under specific conditions.
King Law Offices regularly assists clients with land rights issues and can help clarify legal confusion for North Carolina citizens.
What Is North Carolina’s New Law Against Squatters?
House Bill 96 is a new law regarding squatters in North Carolina. This law allows for the expedited removal of squatters and defines squatters in clear terms. North Carolina now uses the term “unauthorized person” to describe a squatter. This individual must not be a past or present tenant, and they must have no legal claim to the property. If the individual has any legal right to occupy the property aside from a rental agreement, they are not an unauthorized person. Assuming none of these exclusions apply, an individual should qualify for expedited removal under House Bill 96.
The process of removing a squatter from a property is now relatively streamlined. A property owner should begin this process by simply asking the squatter to leave. If the unauthorized person fails to leave, the property owner can then file a complaint in the relevant county. When making this complaint, the property owner must show that the property in question is residential in nature and that the squatter meets the definition of an unauthorized person. The property owner must also show that they asked the squatter to leave, and this highlights the importance of providing a written notice to the individual rather than a verbal warning. Finally, the property owner must show that the property in question was not open to the public as a “general accommodation.”
How Quickly Can I Remove a Squatter in North Carolina?
House Bill 96 allows property owners to remove squatters very quickly. Once the property owner receives a summons, they can deliver it to the county sheriff along with the complaint. The sheriff is then legally required to serve the squatter within 24 hours. Within the next two days, a hearing must occur before a magistrate. During this hearing, both the squatter and the property owner can tell their side of the story. If the magistrate rules in favor of the property owner, the squatter may have only a few hours to leave the property.
This means that if property owners successfully navigate this process, they can eject squatters within about four days. This represents a stark contrast to the judicial procedures previously available to property owners, which could take years to complete. With all that said, success still hinges on a successful hearing before a magistrate. Property owners should enlist the help of a law firm for effective representation during this hearing, such as King Law Offices.
North Carolina Still Recognizes Adverse Possession
Property owners should remember that this new law has no effect on adverse possession in North Carolina. Under Chapter 1, Article 4 of the North Carolina General Statutes, a squatter could become the legal owner of a property if they remain on it for an extended period of time, and some would describe this as “squatter’s rights.” Depending on the circumstances, this period of time might range from seven to 30 years. The new law specifically states that expedited removal is not possible if the defendant has a “legal claim” to the property. This would presumably include adverse possession. As a result, property owners should eject squatters as quickly as possible if they want to avoid potential issues with adverse possession.
Learn More About Squatter’s Rights With King Law Offices
While new laws in North Carolina have clarified both the rights and definition of squatters, property owners may still encounter many unpredictable and complex situations when dealing with these individuals. Online research only provides broad, generalized information compared to a direct consultation with an experienced civil dispute lawyer in North Carolina. In addition, various myths regarding squatter’s rights continue to confuse residents and property owners in the Tar Heel State. A conversation with an experienced lawyer can also help individuals clarify the law for land ownership while dispelling these myths. Perhaps most importantly, these legal professionals can guide property owners through the process of ejecting squatters. To learn more about this legal process, book a consultation with King Law Offices by contacting us at (888) 748-5464 today. We serve property owners in Mecklenburg, Haywood, Watauga, and Forsyth Counties.
Important Frequently Asked Questions About Squatter’s Rights
Read more for answers to common questions about land rights in North Carolina.
What Are Squatter’s Rights in North Carolina?
Squatter’s rights in North Carolina generally refer to adverse possession, a legal doctrine that may allow an individual to claim ownership after occupying property for a specific period. These rights are limited and subject to strict statutory requirements.
What Changed Under North Carolina’s 2025 Squatter Law?
The 2025 law, known as House Bill 96, allows property owners to pursue expedited removal of certain squatters. North Carolina also introduced a clear legal definition of a squatter, now referred to as an “unauthorized person.”
Who Qualifies as an Unauthorized Person Under House Bill 96?
An unauthorized person is someone who is not a current or former tenant and has no legal right to occupy the property. Individuals with any valid ownership claim or legal entitlement are excluded from expedited removal.
How Does the Expedited Removal Process Work?
The process begins when a property owner asks the unauthorized person to leave. If the individual remains, the owner may file a complaint, after which a magistrate hearing can occur within days.
How Quickly Can a Squatter Be Removed in North Carolina?
If the statutory requirements are met, removal may occur within approximately four days. The timeline depends on proper service, a magistrate hearing, and a ruling in favor of the property owner.
Does the New Law Eliminate Adverse Possession Claims?
No, House Bill 96 does not affect adverse possession. Individuals who meet the legal standards for adverse possession may still assert a claim to ownership over time.
Why Is Written Notice Important When Removing a Squatter?
Written notice helps demonstrate that the property owner requested the individual to leave, which is a required element of the expedited process. This documentation may be reviewed during the magistrate hearing.
How Can King Law Offices Assist With Squatter or Property Disputes?
Attorneys at King Law Offices could help clarify how House Bill 96 and adverse possession laws apply to a specific situation. The team works to ensure property owners understand their rights and potential legal paths when addressing land ownership disputes.
