Squatter Rights in Maryland

For a property owner, encountering a squatter can be an absolute nightmare. If a squatter is aware of their rights, follows Maryland guidelines, and resides in your property for long enough, it’s possible and probable that your property will become owned by the squatter. It’s essential that you are aware of Squatter Rights in Maryland to make sure that this end result does not happen. 

Squatter Rights in Maryland

What most commonly occurs with a squatter is that they will start living in a vacant property. They are legally allowed to do this because there is no lease to break. If the owner of the property decides to ignore this, or if they are unaware of this, then the squatter will be legally allowed to possess the property after a certain period of time. That period of time can vary depending on the state that you live in. In Maryland, a squatter will have to have lived on the property for at least 20 years to legally obtain possession of the property. 

However, for a squatter to be able to legally obtain a property, they will need to be a proper squatter, and their reason for squatting will need to fit into one of the following categories:

Hostile Claim

A hostile claim means that a squatter is living on your land. In some cases, this squatter may have no idea that the property is actually owned by anybody, or can at least make the argument that they believed this to be true. A squatter can also argue that their residence on your property was the result of them receiving false information about ownership of the property. This allows the squatter to frame the situation as a mistake made in good faith.

Actual Possession

This means that a squatter is actually displaying signs of ownership. This person is able to show receipts of decor, furniture, and any renovations and repairs that they may have purchased for the property, and they are able to show that they had kept up with maintenance and Maryland safety codes. 

Open and Notorious Possession

Open and notorious possession means that the squatter has presented to the public that they are occupying the land. Also, the property owner is fully aware that this person is living on their property. For it to be considered open and notorious possession, the squatter must not be attempting to hide the fact that they are occupying the land. 

Exclusive Possession

Exclusive possession means that the squatter has staked an exclusive claim to the property. This means that they have not allowed multiple ownership with any other person, including the owner of the property.

Continuous Possession

Continuous possession means that the squatter in question has lived on the property continuously for 20 years. The squatter cannot take breaks in living on the property. If they leave for a period and return, they will not be able to claim ownership once it reaches 20 years.

How To Remove And Prevent Squatters

To remove a squatter from your property that has refused to leave, you will need to file a proper claim for wrongful detainer at your respective county’s District Court. They will be responsible for sending a summons to the squatter. If the court decides in favor of you and the squatter does not file an appeal, then the order will be sent to the County Sheriff, who will then be tasked with removing the squatter from your property.

If you are looking to make sure that there will never be a squatter on your property, the good news is that there are several preventative measures that can be taken. One of the best things that you can do is improve your security, whether this be installing high quality cameras on the premises, or hiring a property management company to oversee your property. You can also be sure to schedule regular inspections to make sure that no one is living at your property, and also to discourage any squatters that are eyeing your property.

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