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

Answers:

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.


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