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The most common way to prove superior right to possession is to present the court with a certified and recorded deed. The defendant may assert various defenses to the ejectment action such as the deed is fraudulent, existence of a landlord-tenant relationship, and/or adverse possession.
Depending on the actions of the Defendant, obtaining an order for Ejectment can take as little as a month to as long as a year. Don't let this shock you. If the Defendant truly has no right to the property, Ejectment cases can be handled in a few months.
The PLAINTIFF or the DEFENDANT may appeal the magistrate's decision in this case. To appeal, notice must be given in open court when the judgment is entered, or notice may be given in writing to the Clerk of Superior Court within ten (10) days after the judgment is entered.
Following a party's decision to file an appeal after the trial court's ruling, they must file a notice of appeal with the trial court and serve the notice of appeal on the other party involved in the case. Once the notice of appeal has been filed, the case is then transferred to the Court of Appeals.
In North Carolina, an eviction case is called ?summary ejectment.? Landlords can file to legally remove a tenant rented property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply.