Identity and Property Harms

Defamation (Slander and Libel)

Defamation refers to an untrue communication that causes an individual to suffer contempt or ridicule, resulting in the individual suffering injury or damage. It is an unjustified invasion of another’s reputation and personal dignity. In North Carolina, the elements necessary to satisfy a claim for defamation are: (1) the defendant caused injury to the plaintiff’s reputation; (2) by making false, defamatory statements; (3) of or concerning the plaintiff; and (4) which were published to a third person. Boyce v. Isley, PLLC v. Cooper, 153 N.C. App. 25, 568 S.E.2d 893 (2002), cert denied, 540 U.S. 965, 124 S. Ct. 431 (2003). Slander is a subcategory of defamation that refers to when the publication is by oral communication. Libel is a subcategory that refers to when the publication is written. Importantly, the statute of limitations on any defamation claim is one year from the date of publication.

Intrusion on Seclusion (Invasion of Privacy)

North Carolina law protects an individual’s reasonable expectations of privacy. An action for intrusion on seclusion might be available when someone invades another’s privacy. The elements required for an intrusion on seclusion claim are: (1) the defendant invaded upon the privacy of plaintiff; (2) the defendant’s intrusion was intentional; and (3) a reasonable person would be highly offended under similar circumstances. Tillet v. Onslow Mem’l Hosp. Inc., 215 N.C. App. 382, 715 S.E.2d 538, 541 (2011) (acknowledging that unlawful intrusions include eavesdropping, peering into windows, nonconsensual recordings, and other activities that infringe on the sanctity of another’s reasonable expectations of privacy).

Private Nuisance

A plaintiff can establish a defendant’s liability for a private nuisance by showing (1) the defendant improperly or unreasonably used his property in a manner (2) that caused a substantial interference with the use and enjoyment of the plaintiff’s property. Shadow Grp. v. Heather Hills Home Owners Ass’n, 156 N.C. App. 197, 579 S.E.2d 285 (2003). For example, intensely disagreeable, earth-rattling sounds which occur on a frequent basis in an otherwise quiet and tranquil neighborhood is an unreasonable interference with the use and enjoyment of property. Hooks v. Int’l Speedways, Inc., 263 N.C. 686, 140 S.E.2d 387 (1965).

Trespass to Property

North Carolina fervently protects an individual’s right to exclude others from property. Exclusive possession is a foundational quality of property ownership. Trespass to property is when there is a wrongful invasion of that right to exclude. The elements of trespass to real property are: (1) Plaintiff's possession of the property at the time the trespass was committed; (2) An unauthorized entry by the defendant; and (3) Resulting damage to the plaintiff. Shadow Grp. v. Heather Hills Home Owners Ass'n, 156 N.C. App. 197, 579 S.E.2d 285, 287 (2003).