How do I have a trailer and the people living in it removed from my property?

My husband’s mother recently gave him the land that we are living on and had it put in his name. There are people staying in a mobile home on the same land and they have been causing a lot of trouble and threatening us. We recently had to call the law after they became severely intoxicated and came to our home trying to cause a physical fight. We want them to leave but they are refusing to do so. They do not have a lease nor pay any rent. How do we go about getting them off our property? We live in Cumberland County in NC.

Asked on June 1, 2016 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You file what is known as action "for ejectment" in court--that is, you file a lawsuit to eject them. Ejectment is eviction for  nontenants: since they have no lease and pay no rent, they are not tenants. As the owners of the property, you have an absolute right to remove non-tenants: non-tenants are guests, and guests may only remain as long as the owner(s) let them. Unfortunately, under the law, the only legal way to remove them is by the ejectment action. Ejectment is procedurally more complex than evicting a tenant who fell behind on rent; you are strongly advised to hire an attorneyt to do this for you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.