Property disputes with squatters can confuse Maryland property owners. Understanding the legal rules for unauthorized occupants is important. This article explains what owners should know about squatters, how the law handles long-term unauthorized occupancy, and steps to protect property rights.
Requirements for Adverse Possession
In Maryland, an individual might legally gain ownership of a property they do not hold a title to through a doctrine known as adverse possession. This requires the claimant to meet specific conditions for an extended period, as defined by state law.
Exclusive Possession
For an adverse possession claim to succeed, the claimant’s possession must be exclusive. This means the squatter must control the land as if they were the sole owner, excluding everyone else, including the legal titleholder. If the true owner continues to use the property, or if the squatter allows others to use it in a way that doesn’t assert their sole claim, exclusivity is not met, as possession must show the squatter’s singular control.
Continuous Possession
Continuous possession is another requirement for adverse possession in Maryland. Maryland Code, Real Property Section 5-103, mandates that this possession must be uninterrupted for 20 years.1Justia Law. Maryland Real Property Code Section 5-103 (2024) – Possession for 20 Years May Bar Right of Entry The squatter must maintain their exclusive and hostile possession without significant breaks. If the squatter abandons the property, or if the true owner reasserts their rights and interrupts the possession during this 20-year window, the clock for adverse possession resets. Continuity aligns with the property’s nature; for example, seasonal use of a vacation property might be considered continuous if an owner would use it that way.
Open and Notorious Use
The squatter’s use of the property must also be open and notorious. This means the possession must be so visible and apparent that a diligent true owner would become aware that someone else is occupying their land. The squatter cannot hide their presence; their actions, such as making improvements, cultivating land, or fencing it, must clearly signal a hostile claim. The principle is that the true owner should have a fair opportunity to discover the adverse possession and act to protect their property rights within the 20-year period.
Legal Steps for Property Owners
Maryland landowners discovering an unauthorized individual on their property must use specific legal avenues to reclaim possession. Self-help measures like changing locks or shutting off utilities can cause legal problems for the owner. Maryland law has a distinct process for these situations, different from standard eviction proceedings for tenants with a lease.
The main legal action to remove a squatter is a wrongful detainer action. This process applies when someone occupies property without legal right or permission and has not been a tenant. Under Maryland Code, Real Property Section 14-132, an owner can file a complaint in the District Court where the property is located.2Justia Law. Maryland Real Property Code Section 14-132 (2024) – Wrongful Detainer
To start this process, the owner files a formal complaint detailing their claim and the occupant’s lack of legal right.3Maryland Courts. Complaint for Wrongful Detainer (Form DC-CV-089) The court then issues a summons to the occupant, and proper service of these documents is necessary to avoid delays.
A hearing is then scheduled where the owner must present proof of ownership, such as deeds or mortgage statements. If the court rules for the owner, it issues a judgment for possession. If the occupant doesn’t leave, the owner can then request a warrant of restitution, authorizing the sheriff to remove the occupant and restore possession to the owner. Adhering to all legal requirements throughout this process is important for a lawful resolution.
Tenant vs. Squatter Distinctions
Understanding the difference between a tenant and a squatter is important in Maryland property disputes. A tenant occupies property with the landlord’s consent, usually through a lease agreement, which grants them the right to occupy the premises under Maryland’s landlord-tenant laws.
A squatter, however, occupies property without any legal right or permission from the owner, and no landlord-tenant relationship exists. This lack of permission is the key difference. A squatter’s possession is unauthorized from the beginning, unlike a tenant who initially has lawful possession. This distinction matters because the legal processes for removing them are different.
Penalties for Illegal Occupation
Individuals occupying Maryland property without legal authorization may face criminal charges for trespass. Maryland’s Criminal Law Article details various forms of trespass and their punishments, which vary by circumstance.
Trespassing on property clearly posted against it, or after being told by the owner not to enter or to leave, is a misdemeanor.4Justia Law. Maryland Criminal Law Code Section 6-402 (2024) – Trespass on Posted Property Wanton trespass, under Maryland Criminal Law Code Section 6-403, involves entering or staying on private property after such notification without a valid claim of right.5Justia Law. Maryland Criminal Law Code Section 6-403 (2024) – Wanton Trespass on Private Property For a first offense of these trespass types, penalties can include up to 90 days in jail, a fine up to $500, or both.6Maryland General Assembly. Maryland Criminal Law §6-402 – Trespass on Posted Property Penalties are higher for subsequent violations within two years.
These criminal penalties are distinct from civil actions, such as a wrongful detainer action, which a property owner uses to remove an unauthorized occupant. The civil process restores possession, while criminal trespass laws impose fines and potential jail time.