Wilson County Board of Education v. Lamm

Plaintiff claims title by adverse possession for more than twenty years (G.S. 1-40). Defendants admit plaintiff’s possession but contend that it was not adverse but was a permissive possession which was to cease when the property was no longer used for school purposes.

The trial judge correctly charged the jury that plaintiff could acquire title by adverse possession only if the possession was open, notorious, and adverse. In Locklear v. Savage, 159 N.C. 236, 74 S.E. 347, adverse possession is defined as follows:

“. . . It consists in actual possession, with an intent to hold solely for the…