Sheets v. Sheets

MARTIN (Harry C.), Judge.

Our courts have, on numerous occasions, applied the law of constructive ouster. See Dobbins v. Dobbins, 141 N.C. 210, 53 S.E. 870 (1906); Thomas v. Garvin, 15 N.C. 223 (1833); Collier v. Welker, 19 N.C. App. 617, 199 S.E. 2d 691 (1973). The rule has been criticized as penalizing a cotenant out of possession for “sleeping on his rights,” when under the traditional rules of adverse possession, cotenants share a special fiduciary relationship virtually precluding adverse possession by any other means. 1

On the facts before us, however, we need not consider the potential…