In the high-value coastal corridors of New Hanover, Pender, Onslow, and Brunswick counties, "squatter's rights" is a term that often triggers immediate concern for property owners. Whether you are managing a second home in Oak Island or a vacant lot in Hampstead, the idea that someone could legally "steal" your land simply by living on it sounds like a coastal myth.

However, in North Carolina, the doctrine of Adverse Possession is a very real legal mechanism. While it is incredibly difficult to achieve, understanding the 2025 statutory requirements is essential for protecting your investment from Wilmington to Surf City.

The OCEANS Acronym: Five Barriers to Entry

For a trespasser to successfully claim title to your land, they must meet a rigorous set of standards. Local legal experts often use the OCEANS acronym to define these requirements:

• Open and Notorious: The possession cannot be secret. The squatter must act like an owner, making visible use of the property that would put a reasonable owner in Topsail or Leland on notice.
• Continuous: The occupation must be uninterrupted for the entire statutory period.
• Exclusive: The squatter cannot share the property with the public or the actual owner.
• Adverse and Hostile: This doesn't mean "aggressive"; it means the use is without the owner's permission.
• Notorious (and Actual): They must physically occupy and use the land as an owner would.

Statutory Period: The clock is the biggest hurdle.

The 20-Year vs. 7-Year Clock

The most significant barrier to adverse possession in North Carolina is time.

• Without Color of Title (20 Years): If a squatter has no legal document and simply moves onto your land in Jacksonville or Burgaw, they must occupy the property for 20 continuous years before they can file a "quiet title" action.
• With Color of Title (7 Years): This is the more common "insider" risk. "Color of title" refers to a situation where a person has a deed that looks valid but is actually defective (perhaps due to a forgery or a mapping error). In these cases, the statutory period is shortened to just 7 years.

New 2025 Protections: The Expedited Removal Act

Recognizing the rise in squatting incidents, North Carolina recently passed Senate Bill 55 (Session Law 2025-88), which becomes fully effective on December 1, 2025. This law creates an expedited removal process specifically for residential properties.

Under this new act, a property owner in New Hanover or Brunswick county can file a complaint for expedited removal with the clerk (or a magistrate if the clerk’s office is closed). The summons and complaint are then served by the sheriff within 24 hours, and a hearing is held as soon as practicable but no more than 48 hours after service. If the court finds for the owner, it enters an order granting possession and setting a very short deadline to vacate, no more than 4 hours after the order is served.

Your Next Step

Protecting your coastal real estate requires more than just a sturdy lock; it requires a proactive legal strategy. At Aspyre Realty Group, we are experts in listening and communicating people's wants into homes that work for them. We act as your strategic partner and guide, helping you monitor your assets across New Hanover, Pender, Onslow, and Brunswick counties and ensuring you are positioned to leverage the latest North Carolina property laws to keep your investments secure.