N.C.P.I.—Civil 820.16

"Does the plaintiff hold exclusive title to the (identify land) by

adverse possession?"3

On this issue the burden of proof is on the plaintiff. 4 This means

that the plaintiff must prove, by the greater weight of the evidence, four

things:

First, that the plaintiff (or one through whom he claims) and the

defendant (or one through whom he claims) were cotenants in the

(identify land). A cotenant is a person who, by legal interest in or title to

property, has the right to use and enjoy the entire property as if he were

the sole owner, limited only by the other cotenants having the same

right.5

Second, that while the plaintiff (or one through whom he claims)

was a cotenant, he (or one through whom he claims) began to possess

the land exclusively and remained in exclusive possession of it for at

least twenty consecutive years.6

Third, that at no time during the twenty consecutive years of

exclusive possession did the plaintiff (or those through whom he claims)

acknowledge the ownership of the defendant (or those through whom he

claims). An acknowledgment is any expression or act which recognizes

that ownership is shared with one or more other persons.7

NOTE WELL: Where there is evidence that an act

constituting an acknowledgment occurred prior to the

beginning of the alleged twenty-year period of

exclusive possession, the jury should be instructed that

such an acknowledgment continues in effect until

disavowed. The following language is suggested as an

addition to the third element in such a case:

[Once there is an act or expression of acknowledgment,

the acknowledgment continues in effect, preventing

adverse possession on the part of any possessor, until

the acknowledgment is disclaimed. A disclaimer

consists of an expression or act which is inconsistent

with a recognition that title to the land is shared. In

other words, if any possessor has acknowledged title in

the cotenants, either he or his successor must disclaim

the acknowledgment before the required twenty-year

period of adverse possession can begin.]

Fourth, that at no time during twenty consecutive years of exclusive

possession did the defendant (or those through whom he claims) or any

other cotenant demand or request possession of the land, an accounting,

or a share of any rents or profits from the land.8

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the plaintiff

acquired exclusive title to the (identify land) by adverse possession, then

it would be your duty to answer this issue "Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.