1-35 Title against State
1-36 Title presumed out of State
1-37 Such possession valid against claimants under State
1-38 Seven years’ possession under color of title
1-39 Seizin within twenty years necessary
1-40 Twenty years adverse possession
1-41 Action after entry
1-42 Possession follows legal title; severance of surface and subsurface rights
1-42.1 Certain ancient mineral claims extinguished in certain counties
1-42.2 Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation
1-42.3 Additional ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation in such counties
1-42.4 Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation
1-42.5 Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county
1-42.6 Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation
1-42.7 Additional amount mineral claims extinguished in Chatham County; oil, gas and mineral interests to be recorded and listed for taxation
1-42.8 Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation
1-42.9 Ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation
1-43 Tenant’s possession is landlord’s
1-44 No title by possession of right-of-way
1-44.1 Presumption of abandonment of railroad right-of-way
1-44.2 Presumptive ownership of abandoned railroad easements
1-45 No title by possession of public ways
1-45.1 No adverse possession of property subject to public trust rights

Terms Used In North Carolina General Statutes > Chapter 1 > Article 4

  • common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • deed: The legal instrument used to transfer title in real property from one person to another.
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • probate: Proving a will
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • statute: A law passed by a legislature.
  • statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • trustee: A person or institution holding and administering property in trust.