A person occupying a property without the owner’s permission is a squatter. In Maryland, this situation is governed by specific laws that property owners should understand. The legal concept popularly known as “squatters’ rights” is formally called adverse possession. This principle addresses the complex legal landscape surrounding individuals who occupy a property without authorization.
Adverse Possession in Maryland Explained
Adverse possession is a legal doctrine that allows a person who is not the legal owner of a property to potentially gain title to it. This is not an inherent “right” to occupy another’s land, but rather a long-standing legal principle that can lead to a transfer of ownership if very specific conditions are met over an extended time. It is a concept often misunderstood as an immediate right for squatters.
For a property owner, adverse possession is a high legal bar for any occupant to clear. The process involves strict requirements that must be proven in court.
Key Elements for an Adverse Possession Claim in Maryland
For an individual to successfully claim ownership of a property through adverse possession in Maryland, their occupation must satisfy several demanding legal standards. The burden of proof rests entirely on the person making the claim, and they must demonstrate that their possession meets every single requirement. Failure to prove even one element will cause the claim to fail.
- Actual possession: The claimant must physically use the land in a way a typical owner would.
- Open and notorious possession: The occupation must be obvious and not secretive. The use of the property must be so visible that a reasonably attentive owner would become aware of the squatter’s presence.
- Exclusive possession: The squatter possesses the property alone and has not shared it with the legal owner or others.
- Hostile possession: The occupation is without the owner’s permission and infringes upon their ownership rights. This does not imply aggression; it simply means the possession is contrary to the true owner’s title.
All these conditions must be met continuously and without interruption for a period of 20 years.1Justia. Maryland Courts and Judicial Proceedings Code Section 5-103 (2024) – Adverse Possession This period can be shortened to 10 years if the claimant has “color of title” and has paid property taxes on the property for the duration of their possession. “Color of title” exists when a person has a legitimate reason to believe they are the title holder, usually because of a faulty or invalid deed. Paying property taxes can also serve as powerful evidence in a standard 20-year case.
Legal Process for Property Owners to Remove Squatters in Maryland
Property owners in Maryland must follow a specific legal process to remove an individual who is occupying their property without permission. It is illegal for an owner to engage in “self-help” methods, such as changing the locks, shutting off utilities, or forcibly removing the person’s belongings. Doing so can expose the property owner to legal penalties.
For a true squatter who never had a lease or permission to be on the property, the owner can file a “wrongful detainer” action in the District Court of the county where the property is located.2Justia. Maryland Real Property Code Section 14-132 (2024) – Wrongful Detainer This legal action asserts that the individual is holding the property without any legal right to do so. In more complex situations where title to the property is disputed, a more formal action known as “ejectment” may be necessary in the Circuit Court.
The process begins by filing a formal complaint with the court. The court then issues a summons to the occupant, scheduling a hearing where both parties can present their case. If the court rules in the owner’s favor, it will issue a judgment for possession. If the occupant still refuses to leave, the owner can obtain a Warrant of Restitution, which authorizes the sheriff to physically remove the individual and their possessions from the property.
Steps to Protect Your Maryland Property from Squatters
Proactive measures are a property owner’s best defense against unauthorized occupation. Regularly inspecting your property, especially if it is vacant, is a fundamental step to ensure no one has taken up residence without your knowledge. This allows for early detection, which is important in preventing a long-term occupation that could lead to a complicated legal situation.
Securing the property is also paramount. Ensure all doors, windows, and other potential points of entry are securely locked. Posting “No Trespassing” signs in visible locations around the property can also serve as a clear deterrent to would-be squatters. These actions signal that the property is actively managed.
If you discover someone on your property, you should immediately contact law enforcement and consult with an attorney to understand your rights and the proper legal steps for removal. An owner might consider granting explicit, written permission for a temporary stay, which creates a landlord-tenant relationship or a license. This action can prevent a claim of “hostile” possession from ever starting, though it should be done with careful legal guidance to avoid unintended consequences.