§ 41-80 — Definitions; construction

North Carolina § 41-80

• Jurisdiction: North Carolina
• Ch. 41: Estates
• Art. 7: Tenancy in Common

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The following definitions apply in this Article:
(1) Actual ouster. - An entry onto or possession of the property by a cotenant that is a clear, positive, and unequivocal act, equivalent to an open denial of another cotenant's rights or title in the property and putting the other cotenant out of seizin.
(2) Constructive ouster. - A presumption of ouster when a tenant in common has sole possession of the property for 20 years and all of the following criteria are met:
a. There is no acknowledgement on the part of that tenant in common of the rights or title of the cotenant in the property.
b. There is no demand or claim by the cotenant for rents, profits, or possession.
c. The cotenant had no disability to act at the time the property's sole possession by the tenant in common commenced.
(3) Conveyance. - A transfer of title to real property by deed, devise, or other means of transferring title.
(4) Cotenant. - A cotenant of a tenant in common.
(5) Property. - An interest in real property held as a whole by tenancy in common. (2024-47, s. 1.)