Adverse Possession Laws Maryland
“Squatter’s Rights, a form of Adverse Possession, can potentially lead to a squatter legally gaining ownership of your property in Maryland if they occupy it for a specified period and adhere to state laws, even without making any payments.
It is essential for property owners to acquaint themselves with Maryland’s Squatter’s Rights to prevent this scenario. Failing to do so could result in the legal transfer of your property without your knowledge.
Initially, individuals may trespass on your vacant lot without permission, leaving no lease agreement to be violated. If their presence is disregarded for a sufficient duration, they may gain legal possession of your property.
As a landowner in Maryland, it is crucial to be watchful of squatters occupying your vacant buildings or unoccupied residential units. Neglecting this issue could allow them to assert ownership rights over your real estate asset, making it challenging for you to regain control of your property.”
Squatters Rights in Maryland
Curious about Squatter’s Rights in Maryland? Well, to snag these rights, a squatter needs to set up camp on your property for a specific stretch of time. In the Old Line State, that means a solid 20-year occupation—a nonstop residency to stake a claim.
But there’s a bit more to it than just hunkering down. To score squatter rights under Maryland law, they’ve got to meet these 5 criteria:
- Hostile Claim: The squatter’s gotta be living on your turf without your knowledge. They might not even know the place belongs to someone else, or they’re knowingly trespassing but can’t claim any right to stay.
- Actual Possession: This means they’re physically residing on the property, showing they think it’s theirs. Think receipts for sprucing up the place, taking care of it, and generally giving off an “I own this” vibe.
- Open & Notorious Possession: It’s got to be crystal clear to the public and even you, the owner, that the squatter is calling your property home. No hiding in the shadows—it’s all out in the open.
- Exclusive Possession: They can’t share this space with anyone else, including you. It’s a one-squatter show.
- Continuous Possession: This is a big one. They’ve got to keep that occupancy going without a break for a full 20 years. No vacays or brief departures allowed—once they’re in, they’re in for the long haul.
Now, some states toss in a twist called “color of title,” where property ownership is a bit wonky. But in Maryland, it doesn’t affect the 20-year continuous possession requirement. Still, it can come into play when making an adverse claim.
Color of Title
Let’s chat about “Color of Title” for a moment. It’s a fancy term that basically means someone’s got a dubious claim to property because they’re missing one or more legal documents.
But hold on, Maryland’s got its own twist on this. In some places, having a Color of Title can be a real game-changer when it comes to claiming adverse possession. It might even shrink the time you need to stay put on the property.
Here’s the deal: To make an adverse possession claim work in Maryland, the squatter’s gotta occupy the land continuously for a solid 20 years. And if they manage to pull it off, they might just end up establishing this thing called “Color of Title” too.
Getting rid of Squatters in Maryland
Just like dealing with most problems, it’s a good idea to nip the squatter issue in the bud before it becomes a big headache. This holds true when it comes to preventing squatters from gaining Maryland Squatter’s Rights to your property. Unlike regular evictions, you won’t have a security deposit to fall back on, so you’re on your own when it comes to the financial side of things.
Now, squatter removals have their own set of rules in Maryland, which are a bit different from your typical eviction process. Maryland has some provisions that give “disabled” property owners, like minors, legally incompetent folks, and those behind bars, an extra 3-year window to get their property back. This clock starts ticking once the disabled person comes of age, regains competency, or gets released from prison.
If you want to kick squatters off your property, here’s how you can do it in a nutshell:
- Start by filing a complaint for wrongful detainer if a squatter is digging in their heels and refusing to leave. You’ll need to do this at your county’s District Court, and they’ll handle sending out summonses.
- If the court decides in your favor, they’ll send an order to the County sheriff. The sheriff will be in charge of booting out the squatter unless the squatter decides to play the appeal card.
Just a couple of friendly reminders:
- When you’re dealing with Maryland Squatter’s Rights, keep in mind that it’s the sheriff who’s your go-to person for squatter troubles, not the police.
- And last but not least, make sure you’re always playing by the rules. Don’t try any eviction tactics like changing locks or cutting off utilities, because those moves could leave you open to counter lawsuits.
Frequently Asked Questions
Are Maryland’s Squatters required to pay Property Taxes?
Nope, in Maryland, squatters don’t have to cough up property taxes to make an adverse possession claim. And just to be clear, even if they did pay property taxes, it wouldn’t shave any time off the required adverse possession period.
Is Knowledge Necessary for Adverse Possession in Maryland?
In Maryland, it’s important to note that demonstrating adverse possession doesn’t hinge on having knowledge when initially entering and taking possession of the property. Rather, a claim of title through adverse possession can be established through any entry and possession that meets the following criteria: it’s hostile, exclusive, actual, continuous, and open, even if it’s based on an erroneous claim of ownership, and it lasts for at least 20 years.
Who Do I Call About a Squatter Problem: Sheriff or Police?
If you’re dealing with a squatter issue, it’s best to reach out to the sheriff. The local police can help if it’s a criminal trespasser, but they can’t assist with squatters who might have used fake documents to be on the property. This is because the sheriff and the police handle different types of situations.
