North Carolina Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

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Multi-State
Control #:
US-03188BG
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Word; 
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Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

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FAQ

All states require at least three years to establish a claim for adverse possession; some require up to 30 years.

In the state of North Carolina the law on encroachment is dealt with as ?continuing trespass?. An owner of property that shows proof that their neighbor has committed encroachment is allowed to the damages that were caused for the loss of value of the land during that time of encroachment.

In North Carolina, to acquire title to land by adverse possession, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period under known and visible lines and boundaries.

In North Carolina, courts will order the encroaching landowner to remove the encroachment regardless of his intent. Therefore, the encroaching landowner must meet the neighbor's demands for waiving a mandatory injunction to compel removal or prepare to move the encroaching portion of the structure.

Making an application ? Once you have established the relevant period, you will need to make an application to the Land Registry. The Land Registry may then write to any neighbouring properties who may have claim to the land. They may also arrange for a surveyor to inspect the land and produce a report.

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North Carolina Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property