Over the past several years, you may have seen a news or social media story about squatters. Videos about squatters have made their rounds on the internet and led some property owners to fear uninvited guests moving into their property.[1] If this fear is realized, then how does one remove a squatter from their property?
First, it is important to note what squatting is and what it is not. Under North Carolina law, squatting is best defined as occupying residential property with no legal claim to it and no right to occupy it through express or implied contract.[2] However, squatting is not remaining on the property after a lease ends. North Carolina law considers those who remain on the property after a lease ends holdover tenants and provides a separate process for their removal.[3]
Currently, a property owner may encounter some confusion when attempting to remove a squatter under North Carolina law. A simple internet search may reveal various websites suggesting the use of summary ejectment.[4]However, the North Carolina statute governing summary ejectment makes specific reference to holdover tenants, and courts have thus required a landlord-tenant relationship for summary ejectment proceedings.[5] Therefore, while summary ejectment is applicable to holdover tenants, another method is required for squatters.
At least one court suggested the removal method for squatters is a civil trespass action.[6] For a plaintiff to succeed on a trespass claim, the plaintiff must prove that (1) he/she owned or possessed the lands, (2) the defendant’s entry onto the lands was unauthorized and unlawful, and (3) damages suffered were due to an invasion of the rights of possession.[7] How effective is this for a property owner, though? Lawsuits can take a long time and may go through rounds of appeal, which would make this an ineffective method for the property owner who needs a squatter out immediately.
The North Carolina legislature recognized this problem and developed a solution. A new law is set to become effective on December 1, 2025, and provides for the expedited removal of squatters.[8] This new law not only authoritatively defines what a squatter is but also provides for a removal process much faster than a typical lawsuit.[9]
Under the new law, an “unauthorized person,” or a squatter, is one who is “occupying residential property who has no legal claim to the property, is not entitled to occupy it under a valid rental agreement or contract for deed, has not paid any rent or other form of payment . . . , and is not otherwise authorized to occupy the property.”[10] This law explicitly excludes holdover tenants from the definition of “unauthorized person.” Therefore, North Carolina law will now provide two separate remedies: one for the removal of squatters and one for the removal of holdover tenants. This sufficiently clears up any confusion the aggrieved property owner might have about which process to use for which type of wrongful possessor.
Furthermore, the new removal process restores the true owner to his land much faster than a traditional trespass lawsuit would. Firstly, the aggrieved property owner files a complaint in the county where the property is located.[11]The complaint must allege, among other things, that the property at issue is residential property (or is used with or appurtenant to residential property), that an unauthorized person—who is not a tenant, an owner, a rent-payer, or one who holds some other entitlement to the property—entered and remains on the property, that the owner directed the unauthorized person to leave the property, and that the property was not held open as a general accommodation to the public.[12] Once the complaint is filed, a summons is issued.[13] The complainant is then to deliver the summons and complaint to the sheriff, who must serve the defendant within 24 hours.[14] A hearing before a magistrate is then to be held as soon as practicable after service, and no later than 48 hours after service.[15]
At the hearing, if the court finds for the property owner, a written order will be entered granting the property owner possession and dictating the time by which the unauthorized person is to vacate the property.[16] If the unauthorized person was present at the hearing, he or she may be served there.[17] If not, the property owner again gives the sheriff the order who has 24 hours to serve it. The maximum amount of time to vacate after service upon the unauthorized person is four hours.[18]
If you were counting, assuming the property owner gives the sheriff the relevant documents as soon as possible, the maximum amount of time it will take to remove a squatter is four days and some change, which is an incredibly fast turnaround compared to other judicial processes.
Even if an unauthorized person were to try and delay this process through appeals, the new law also protects the property owner in that case. If an unauthorized person chooses to seek an appeal, an appeal bond of at least $10,000 must be posted and may be adjusted upwards to account for what could reasonably be charged for rent and reasonable damages.[19]
Overall, the North Carolina legislature has taken note of the confusing and drawn-out process of removing squatters. As such, a new law was passed providing for the speedy removal of squatters at the benefit of property owners.[20] This new law, set to take effect on December 1, can result in the removal of a squatter in under four days, certainly meeting its purpose of providing expedited removal.[21]
[1] Robbie Sequeira, Anxiety over Squatters, Fueled by TikTok, Inspires a Wave of Legislation, Stateline (Apr. 26, 2024), https://stateline.org/2024/04/26/anxiety-over-squatters-fueled-by-tiktok-inspires-a-wave-of-legislation/.
[2] See Act of Aug. 6, 2025, 2025 N.C. Sess. Laws 2025-88 (to be codified at N.C. Gen. Stat. § 14-159.50–.56).
[3] N.C. Gen. Stat. § 42-26 (2025); Patrick K. Hetrick & James B. McLaughlin, Jr., 1 Webster’s Real Estate Law in North Carolina § 6.47 (2025).
[4] See, e.g., Squatters Rights in North Carolina, Schambs Property Management, https://www.spmtrianglerentals.com/squatters-rights-nc (last visited Oct. 18, 2025).
[5] N.C. Gen. Stat. § 42-26 (2025); Jones v. Swain, 367 S.E.2d 136, 138–39 (N.C. Ct. App. 1988).
[6] Adams v. Woods, 609 S.E.2d 429, 431 (N.C. Ct. App. 2005) (citing Barnard v. Rowland, 512 S.E.2d 458, 463 (N.C. Ct. App. 1999)).
[7] Barnard v. Rowland, 512 S.E.2d 458, 463 (N.C. Ct. App. 1999) (citing Matthews v. Forrest, 69 S.E.2d 553, 555 (N.C. 1952)).
[8] Act of Aug. 6, 2025, 2025 N.C. Sess. Laws 2025-88 (to be codified at N.C. Gen. Stat. § 14-159.50–.56).
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Id.
[18] Id.
[19] Id.
[20] Id.
[21] Id.
