Legal Question in Wills and Trusts in North Carolina
I have a life estate on some property in north carolina. my question is: i have allowed a nephew to occupy the homeplace at no charge; no written contract was prepared, only verbal authorization. i would like to know if this nephew can in any way come back and gain any monetary access to the property or ownership rights or whatever. it has been brought to my attention the question of squatter's rights, and i want to know i am protected from any existing possibilities, as well as the heirs to the life estate.
thank you for your time and consideration in answering my question.
1 Answer from Attorneys
You have a life estate meaning that you can lease or rent it out for the period of your life. Leases and agreements for more than 3 years have to be in writing (which you ought to do).
"Squatters rights" as you call them is really "adverse possession." One of the key elements to adverse possession is that the entry onto your land that you have a right to occupy has to be done without your permission. If you allowed him to be there, then he can never acquire squatter'sr ights just by being there. That said, if you tell him to get out and he doesn't, then his continued possession is adverse to you. He has to remain there for 20 years in order to acquire any rights.
My advice would be to get a formal agreement. You do not have to charge, but he should be required to pay for the taxes and maintenance on the property for as long as he occupies it.
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