Maryland Squatter’s Rights & Adverse Possession Explained

If you own vacant property in Maryland, whether it’s inherited, in probate, or just sitting empty, you could be vulnerable to something few homeowners expect: squatters. Under Maryland law, unauthorized occupants may gain legal rights over your property through a process known as adverse possession, and over time, that could even result in them taking legal ownership.

In this guide, we’ll break down what squatter’s rights are, how adverse possession works in Maryland, and what you can do to prevent or remove squatters. 

What Are Squatters’ Rights in Maryland?

In Maryland, squatter’s rights refer to the legal pathway by which someone who illegally occupies a property may eventually claim ownership through a process called adverse possession.

If a person lives on land they don’t own, and doesn’t have a lease or permission from the rightful owner, they’re considered a squatter. Over time, if the legal owner fails to take action, the squatter may assert a claim to the property in court.

This concept isn’t unique to Maryland; every state has some version of squatter’s rights, though the specific requirements and timeframes vary. In Maryland, the threshold is one of the longest in the country: 20 continuous years of qualifying occupancy.

Yet it’s not just about time. Squatters must meet strict legal criteria, and until then, they have no legal right to remain on the property.

What Qualifies as a Squatter?

A squatter is not just anyone on your property without permission. Here’s how Maryland law distinguishes between different types of unauthorized occupants:

• Trespasser: Enters property without permission, often temporarily. Not usually trying to live there long-term. Can be removed by law enforcement.
• Squatter: Lives on the property without permission or lease. May attempt to gain ownership over time through adverse possession.
• Holdover Tenant: Was once a legal tenant but refuses to leave after lease expiration. Requires formal eviction through the court system.
• Licensee: Had informal permission (e.g., a friend crashing for a while), but the permission has since been revoked. Not protected under landlord-tenant laws.

How Adverse Possession Works in Maryland

Adverse possession is a legal doctrine that dates back to British common law, originally developed to encourage productive land use and discourage owners from neglecting their property. In the modern U.S. legal system, including here in Maryland, adverse possession allows someone who has occupied a piece of property without the owner’s permission to potentially gain legal ownership over time.

Under Maryland law, a squatter must occupy the property continuously for 20 years to be eligible to file an adverse possession claim. This occupation must meet very specific legal standards, not just living there, but doing so in a way that mimics true ownership.

For example:

If someone began living on a vacant Maryland property on January 1, 2005, and remained there uninterrupted while meeting all other legal criteria, they could theoretically file for adverse possession on January 1, 2025.

Legal Requirements To Claim Adverse Possession in Maryland

For a squatter to successfully claim adverse possession in Maryland, they must satisfy all five legal elements continuously for a full 20 years. These aren’t just technicalities; they’re the foundation of how courts determine whether someone has effectively stepped into the role of a property owner.

Let’s break them down with examples and important misconceptions to avoid.

Hostile Possession

The squatters’ occupation must be without the legal owner’s permission. “Hostile” doesn’t imply that there’s any aggression. It simply means the squatter is using the property in a way that’s inconsistent with the owner’s rights.

Example: Alex moves into an abandoned home in rural Maryland, believing it to be a tax-forfeited property with no owner. They never contacted anyone about living there and didn’t have permission, but their belief doesn’t matter. The use is still hostile under the law.

Misconception: “If I didn’t know I was trespassing, it doesn’t count as hostile.”

False. Intent doesn’t matter. Even unintentional use can qualify as hostile.

Actual Possession

The squatter must use the property as if they owned it. This means they have to live there, maintain it, or make improvements. Occasional or symbolic use isn’t enough.

Example: Jasmine installs a mailbox, paints the front door, cuts the grass weekly, and lives in the home full-time. These physical acts show actual possession.

Misconception: “I only need to check in every few months to keep my claim active.”

No, sporadic visits won’t satisfy actual possession. Courts look for daily or ongoing use.

Open and Notorious Possession

The squatter’s presence must be obvious, not hidden. The owner or neighbors should be able to tell whether the property is being lived in or used.

Example: Ben installs curtains, parks his car in the driveway, receives mail, and waves to neighbors daily. He’s not hiding his presence; he’s living openly.

Misconception: “As long as I’m quiet and no one complains, I’m good.”

This is wrong. If you’re intentionally concealing your occupation, it disqualifies your claim. The law requires visible, public use.

Exclusive Possession

The squatter must exclusively control the property. They can’t share it with strangers, the legal owner, or others who aren’t part of the adverse claim.

Example: Maria has lived alone on the property for 22 years. She controls access, pays for utilities, and has denied permission to stay to others, even family members.

Misconception: “I’ve been living with a few others; we all can claim it together.”

Not unless all parties are part of the same legal adverse possession claim, and even then, courts may not view shared, casual occupation as exclusive.

Important to note: Multiple unrelated squatters cannot combine their years to meet the 20-year requirement; this is known as tacking and is rarely accepted without a legal transfer of intent.

Continuous Possession

The occupation must be uninterrupted for 20 years. That means if the squatter is removed, leaves voluntarily, or allows someone else to take control, the timeline restarts.

Example: Tom has occupied the home since 2000 and has never missed more than a few days while traveling. His uninterrupted stay supports a continuous claim.

Misconception: “If I leave for a few months, I can just pick up where I left off.”

Not true. Extended absences, especially if the owner regains control, can destroy a claim. Continuity matters.

Together, these five elements are what courts in Maryland evaluate when reviewing an adverse possession case. Even if one is missing, the claim fails.

Burden of Proof: Who Has To Prove What in an Adverse Possession Claim?

In any Maryland adverse possession case, the burden of proof lies entirely with the squatter. This means the person trying to take ownership of the property must prove every single legal requirement, including hostile, actual, open and notorious, exclusive, and continuous possession, for the entire 20-year period.

Maryland courts apply a “preponderance of the evidence” standard, which means the squatter must show it’s more likely than not that their use of the property meets all legal criteria.

To succeed, squatters must often present a combination of evidence, including:

• Utility bills or rent-style payments
• Receipts for maintenance or improvements
• Photographs showing occupation over time
• Witness statements from neighbors or tradespeople
• Official mail sent to the property

If they cannot supply adequate documentation or testimony, the court is unlikely to grant a judgment in their favor.

Tip for Owners: If you’re trying to stop an adverse possession claim, it’s up to you to refute the squatter’s evidence. This could mean proving they weren’t there continuously, had permission, or failed to act as true owners.

What Is “Color of Title” and Does It Matter in Maryland?

Color of title refers to someone having documentation that appears to give them ownership, even if it’s flawed. In some states, this can shorten the required occupation period.

In Maryland, color of title does not shorten the 20-year requirement, but it can support a squatter’s adverse possession claim if challenged in court.

How To Remove a Squatter in Maryland

If someone is occupying your Maryland property without your permission, and they’re not a tenant, licensee, or lawful occupant, they are considered a wrongful possessor. As the legal owner, you cannot remove them on your own. Maryland law prohibits what’s known as “self-help eviction,” which includes:

• Changing the locks
• Shutting off utilities
• Physically removing the person or their belongings
• Threatening, harassing, or coercing them to leave

Attempting any of these actions can lead to possible criminal charges or the tenant suing you for damages.

Instead, you must go through Maryland’s formal legal process, which is designed to balance the rights of both property owners and occupants, even those without a lease.

Step-By-Step Process to Legally Remove a Squatter

If someone is occupying your property without permission, you’ll need to follow Maryland’s legal eviction process, not take matters into your own hands. Here’s a step-by-step guide to legally remove a squatter through the court system.

1. File a Complaint for Wrongful Detainer

You’ll first need to go to the District Court in the same county or city where your property is located. File a Complaint for Wrongful Detainer under Md. Real Prop. Code § 14-132.

You’ll need to prove:

• You own the property or have the legal right to possession.
• The individual has no lease (written or oral), pays no rent, and is not entitled to be there.
• You’ve not accepted any form of payment or permission.

Filing fees typically range from $46 to $56, depending on the jurisdiction.

2. Court Hearing and Judgment for Possession

A summons is then issued and served to the squatter by the sheriff or process server. A court hearing is usually scheduled within 1–3 weeks.

If the judge rules in your favor, you’ll receive a Judgment for Possession, the legal confirmation that you have the right to retake the property.

Note: If the squatter provides false documents (e.g., a forged lease), bring evidence to counter their claims, such as tax records, a deed, or prior police reports.

3. Wait 10 Days for the Appeal Period

After judgment, the squatter has 10 days to appeal.

During this window, you cannot proceed with eviction unless the court waives the delay (rare in civil cases like this).

4. File a Petition for Warrant of Restitution

If no appeal is filed, you can request a Warrant of Restitution, authorizing the Sheriff’s Office to carry out the eviction.

You must file this form within 60 days of your judgment.

Once processed, the sheriff will schedule a lockout date, usually within 7–30 days, depending on the county’s backlog.

5. Eviction Day

On the scheduled day, the sheriff arrives to supervise the removal of the squatter and their belongings.

You may need to provide access to the property and have a locksmith change the locks.

The squatter’s items are typically moved to the curb (in some jurisdictions, you may be required to store them temporarily).

How Long Does the Eviction Process Take?

The entire process can take anywhere from 3 to 8 weeks, or longer if:

• The squatter contests the complaint or files an appeal
• The court is backed up
• The sheriff’s office has a long scheduling delay

Work with an Attorney

While Maryland law allows owners to file wrongful detainer cases without legal representation, working with a landlord-tenant attorney is strongly recommended.

An attorney can:

• Ensure your complaint is properly filed
• Help gather the necessary documentation
• Represent you at the hearing
• Respond quickly if the squatter files a counterclaim or appeal

This is especially helpful in cities like Baltimore, where local squatter laws and timelines may vary slightly, and courts tend to scrutinize these cases more closely.

How To Prevent Squatters From Taking Over Your Property

Preventing squatter issues is far easier than removing them once they’ve settled in. Here are smart steps Maryland property owners can take:

• Inspect vacant properties regularly.
• Lock all doors, windows, and outbuildings.
• Install security cameras or smart locks.
• Post “No Trespassing” or “Private Property” signs.
• Hire a property management company if you live out of state or are unable to check in regularly.

Special Circumstances to Know in Maryland

If a property owner is legally disabled (minor, imprisoned, or mentally incompetent), Maryland law allows an additional 3 years to reclaim the property once that disability ends.

Property owners in Baltimore City or County must file wrongful detainer complaints in the corresponding District Court. Legal representation is highly recommended.

Common Homeowner Mistakes When Dealing With Squatters in Maryland

Even well-intentioned property owners can unintentionally help a squatter’s claim or even make the situation worse. To protect your rights and avoid delays in reclaiming your property, steer clear of these common pitfalls.

Ignoring Early Signs of Occupation

Many owners might assume a few signs of life, like lights on, a car in the driveway, or trash bins out, are temporary or harmless. But squatters often start small and settle in quickly. Waiting too long can give them time to build a case for adverse possession.

Tip: If something seems off at your property, inspect it immediately. Document everything and consider contacting local authorities.

Attempting a DIY Eviction

While it is tempting to change the locks or shut off utilities, Maryland law strictly prohibits “self-help” eviction tactics. These actions are illegal and could result in civil penalties or lawsuits against you.

What to do instead: Follow the proper legal process through a wrongful detainer complaint and court-supervised eviction.

Accepting Payment or Making Verbal Agreements

If a squatter offers to pay utilities, rent, or “help with the property,” it could create an implied tenancy, weakening your claim that they’re unauthorized.

Reminder: Never accept any form of payment or offer verbal permission. This could legitimize their stay and complicate removal efforts.

Failing To Document Ownership and Use

Property owners often assume the title or deed is enough. But if a squatter presents consistent utility bills, tax records, or testimonies from neighbors, a judge may view their claim more favorably, especially if you lack updated proof of involvement.

Protect yourself: Keep your deed, tax receipts, and photos of inspections or property upkeep on file.

Neglecting Vacant Properties

Long-term vacancy is one of the biggest risk factors for squatter occupation. If you’re out of state or have inherited a home, it’s easy to fall behind on visits or maintenance, especially after a loved one’s passing.

Solution: Post “No Trespassing” signs, install security cameras, and consider hiring a local property manager to check in regularly.

Assuming It’s “Just a Civil Matter”

While squatting is typically a civil issue, it can escalate quickly, especially if fake leases or forged documents are involved. In some cases, criminal charges like trespassing, fraud, or property damage may apply.

Stay alert: If you suspect forged documentation or identity fraud, contact a real estate attorney or law enforcement for guidance.

Delaying Legal Action

The longer you wait, the more difficult and costly it becomes to resolve a squatter issue. Even a few months of inaction can give the squatter time to prepare a defense, gather documentation, or file counterclaims.

Best practice: Take legal action as soon as you become aware of unauthorized occupation. Time is not on your side.

What To Do if You’re Dealing With Squatters in Maryland

Discovering that a stranger has moved into your property and refuses to leave can feel surreal. But for many Maryland homeowners it’s a harsh and emotionally draining reality.

Maybe the house has sat vacant for years. Maybe you were trying to fix it up or had plans to rent it out, only to learn that someone else is now claiming it as their own. Whether you’re currently involved in a wrongful detainer case or just beginning to navigate your legal options, the process can be costly, confusing, and deeply frustrating.

The Hidden Costs of Squatter Situations

Even when handled correctly, dealing with squatters in Maryland can lead to:

• Ongoing legal fees
• Sheriff and court costs
• Delays lasting months
• Property damage and theft
• Lost time, emotional burnout, and stress

If you don’t live near the property or don’t have the time or resources to manage court proceedings, repairs, and clean-outs, you’re not alone. Many homeowners feel trapped, unsure whether it’s even worth fighting for the house.

Frequently Asked Questions About Squatter’s Rights in Maryland

Is Squatting Illegal in Maryland?

Not inherently. Squatting in Maryland is initially treated as a civil matter, not a criminal one. This means law enforcement generally won’t arrest someone for merely occupying a property unless the owner has taken legal steps.

However, if the rightful owner files a formal complaint and the squatter refuses to leave after being served, it can escalate to criminal trespassing under Maryland law. In cases involving forged leases or documents, fraud charges may also apply.

How Long Does Someone Have To Squat in Maryland To Claim Ownership?

A squatter must maintain 20 years of continuous, qualifying possession to file an adverse possession claim in Maryland. This is one of the longest required periods in the U.S.

The entire 20-year span must meet all five legal criteria (hostile, actual, open and notorious, exclusive, and continuous possession), or the claim will fail in court.

What’s the Difference Between a Trespasser and a Squatter?

A trespasser is someone who enters a property without permission, typically for a short time or without any intent to stay. For example, someone cutting across a vacant lot or entering a home out of curiosity.

A squatter, on the other hand, settles in and acts as if they own the property, often attempting to live there long-term. Over time, squatters may try to assert legal rights via adverse possession.

Can Squatters Pay Property Taxes To Help Their Case?

Yes, but it doesn’t replace the 20-year requirement. Paying property taxes does not automatically give legal ownership in Maryland. However, it can strengthen a squatter’s adverse possession claim by helping demonstrate actual, open, and continuous use of the property. 

Courts may view tax payment as one of several indicators that the person believed they had ownership-like responsibilities.

Who Handles Squatter Removals in Maryland?

Only the Sheriff’s Office is authorized to remove squatters from private property in Maryland, and only after a court has issued a judgment for possession and a Warrant of Restitution. 

Attempting to remove a squatter yourself (e.g., by changing locks or shutting off utilities) is considered illegal self-eviction and can result in civil penalties.

Does a Squatter Need To Know They’re Trespassing To Lose a Case?

No. Maryland law does not require intent. Even if a squatter mistakenly believes they have the right to occupy the property (such as by relying on faulty information or unclear title records), their possession may still be considered “hostile” under adverse possession law.

Can Multiple Squatters Combine Time To Meet the 20-Year Requirement?

In general, no. Maryland does not allow “tacking” (adding time together from unrelated occupants) unless there is a legal transfer of intent or agreement between the squatters. Courts are especially strict about requiring that the 20 years be met by one continuous claimant or a legally unified claim.

Does Having Color of Title Help a Squatter in Maryland?

Possibly. “Color of title” refers to a document that looks like legal ownership (like a deed or will) but has a defect. While Maryland does not shorten the 20-year requirement for those with color of title, it can bolster a squatter’s claim in court by showing they genuinely believed they had a legal right to the property.

What if the Property Is in Probate or Inherited? Can Squatters Still Claim It?

Yes, probate properties are especially vulnerable to squatting, especially if they remain vacant for months or years. The legal owner must still maintain control, inspect the property, and prevent unauthorized occupation. Failure to do so for 20 years could expose the property to an adverse possession claim.

Can I Call the Police if Someone Is Squatting in My House?

You can call the police to report unauthorized occupancy, especially if you suspect a break-in or identity fraud. However, in most non-violent squatting situations, police may direct you to the civil court process to file a wrongful detainer complaint. For faster intervention, bring documentation showing you are the rightful owner (e.g., title, deed, or utility records).

Every Case Is Different

If you’re unsure how to proceed, consult a real estate attorney or a trusted home-buying company like House Buyers of America.

Squatter issues in Maryland are more than a legal nuisance; they can lead to the permanent loss of your property if ignored. The key is vigilance, legal awareness, and acting early.

If you’re facing a situation that’s too overwhelming, we’re here. We buy houses in Maryland and can make you an offer within 7 days. Let us help you move on from your property with peace of mind.