Stark Memo
Question Presented
Under North Carolina law, can a person adversely possess land that is held in co-tenancy when: 1.) The person has not recognized that they are in co-tenancy 2.) The person has had sole possession of the land for nineteen years 3.) The person has paid the property taxes from his personal account 4.) The person has resided on the property and 5.) The person has built a resort as his business on the land?
Brief Answer
No, a person is not likely to be able to claim the land held in co-tenancy under adverse possession when they fail to meet the statutory time. In North Carolina before a person can possess land that is held in co-tenancy, there must be an actual ouster or what North Carolina adheres to as a constructive ouster. The rule presumes the requisite ouster if one tenant in common has been in sole and undisturbed possession and has use of the land for at least twenty years without any demands for rents, profits, or possession from the other co-tenant as well as no acknowledgment of co-tenancy. North Carolina will not presume ouster if the complete possession is under twenty years and the person has acknowledged that they are in co-tenancy with another. Under this portion of the rule a court will most likely conclude that he has met the requirement of sole and undisturbed possession, has made no acknowledgement or demands from the other co-tenant, but has failed to do so for a the statutory period of twenty years.
Facts
Howard Stark was the father of Tony Stark. In 1985 Howard Stark died testate, which is he died with a will where he left Tony Stark all of his possessions. In this will, Howard Stark included a piece of land that originally belonged to Tony’s grandfather Stark. The land is a 17 acre plot located in the mountains of Stellar, N.C. This piece of land originally belonged to Grandfather Stark’s. In Grandfather Stark’s will he had left it originally to Howard Stark and his brother Anton Vanko. His
Under North Carolina law, can a person adversely possess land that is held in co-tenancy when: 1.) The person has not recognized that they are in co-tenancy 2.) The person has had sole possession of the land for nineteen years 3.) The person has paid the property taxes from his personal account 4.) The person has resided on the property and 5.) The person has built a resort as his business on the land?
Brief Answer
No, a person is not likely to be able to claim the land held in co-tenancy under adverse possession when they fail to meet the statutory time. In North Carolina before a person can possess land that is held in co-tenancy, there must be an actual ouster or what North Carolina adheres to as a constructive ouster. The rule presumes the requisite ouster if one tenant in common has been in sole and undisturbed possession and has use of the land for at least twenty years without any demands for rents, profits, or possession from the other co-tenant as well as no acknowledgment of co-tenancy. North Carolina will not presume ouster if the complete possession is under twenty years and the person has acknowledged that they are in co-tenancy with another. Under this portion of the rule a court will most likely conclude that he has met the requirement of sole and undisturbed possession, has made no acknowledgement or demands from the other co-tenant, but has failed to do so for a the statutory period of twenty years.
Facts
Howard Stark was the father of Tony Stark. In 1985 Howard Stark died testate, which is he died with a will where he left Tony Stark all of his possessions. In this will, Howard Stark included a piece of land that originally belonged to Tony’s grandfather Stark. The land is a 17 acre plot located in the mountains of Stellar, N.C. This piece of land originally belonged to Grandfather Stark’s. In Grandfather Stark’s will he had left it originally to Howard Stark and his brother Anton Vanko. His