Adverse Possession Laws in Maine
In Maine and other parts of the United States, a squatter is someone who lives on a property that’s empty, abandoned, or taken over by the government because the rightful owner couldn’t keep up with payments or taxes. They do this without permission from the owner.
Squatters don’t pay rent, and they don’t have any legal rights to be on the property. This can create a lot of issues for property owners, especially if the squatters try to claim ownership through a process called adverse possession.
Since squatting means going into and living on someone else’s property, some people think it’s the same as trespassing. Others might mix up squatters with holdover tenants. But that’s a common mistake.
If you’re a property owner in Maine, it’s crucial to be aware of the state’s rules regarding squatters. In Maine, squatters can potentially become the legal owners of someone else’s property if they live there for a minimum of 20 years.
Difference Between Squatting, Trespassing, and Holdover Tenants
So, people often use the words “squatting” and “trespassing” like they’re the same thing, but legally, they’re not. The real difference boils down to whether the property owner gave the intruder the boot.
Now, for trespassing, you gotta prove that the intruder knew they weren’t supposed to be there but stuck around anyway. Like, imagine you’re out hiking, and oops, you wander onto somebody’s land by accident. That’s not trespassing. But if you see a “no trespassing” sign, leap over a fence, and keep going, you’re trespassing.
And then, there’s the holdover tenant. That’s a tenant who’s still living in a rental place after their lease ends. If they keep paying the rent like they used to, and the landlord’s cool with it, they become a “tenant at will.” That means they’re hanging around because the landlord lets them but can be kicked out at any time without a heads-up.
Cracking the Code on Adverse Possession in Maine
Ever heard of adverse possession? It’s a tricky legal path squatters can take to claim someone else’s place as their own. They say, “Hey, we’ve been living here long enough, so it’s ours now!” But it’s not a walk in the park. There are five key things a squatter has to prove before making this claim:
- Hostile Possession: Don’t worry, it’s not as aggressive as it sounds. It just means squatting down on the property without permission, kind of like a surprise guest who never leaves. And get this, the squatter doesn’t even have to know it’s someone else’s property!
- Active Possession: This one’s about being physically present and treating the place like it’s yours. Maybe they mow the lawn, fix things up, or make it look nice. It’s all about showing they’re serious about living there.
- Open and Notorious Possession: No secret agents here! They’ve got to use the place like they own it, and everyone, including the real owner, should know they’re living there. No sneaky business allowed!
- Exclusive Possession: This means no roommates. The place has to be all theirs. So, no claiming a whole piece of land if they’re living there with buddies.
- Continuous Possession: In Maine, they’ve got to hang on to the place for a whopping 20 years without leaving, not even for a quick vacation. That’s a much longer time than in other states. And if the land’s all wild and untamed, they’ll also have to cough up all the property taxes down the line if they want to make that claim.
Color of Title
A Key to Squatter’s Rights Understanding squatter’s rights in Maine means getting to know a term called “color of title.” This is a fancy way of saying someone has a document that shows they’ve gained ownership of a property, but it’s not the usual set of documents you’d expect.
Now, in some places, having this color of title document can help squatters when it comes to adverse possession cases. But here’s the twist: in Maine, it doesn’t speed things up. Even if squatters have this document, they still have to stick around for a whopping 20 years without interruption to make their adverse possession claim. So, it’s not a shortcut in the Pine Tree State!
Keep Your Property Safe from Squatters
Whether your place has been taken over by squatters or you want to make sure it doesn’t happen, you’ve got to look out for your property. Here are some tips:
- Check on that empty spot regularly to make sure everything’s okay.
- Stick up some “No Trespassing” signs if your place is empty.
- Make sure you’re paying those property taxes on time to show you’re the rightful owner.
- Lock it down with fences and good locks on doors and windows.
- If you realize there are squatters, send them a written notice pronto.
- Don’t play superhero – call the sheriff to kick out squatters instead of doing it yourself.
- Get yourself a real estate attorney who knows the ropes when it comes to squatters, evictions, and property laws. They’ll have your back.
Frequently Asked Questions
Are Squatters required to pay property taxes in Maine?
In Maine, squatters have to pay property taxes on untouched land in remote areas. However, paying these taxes doesn’t reduce the required 20-year possession time for making a claim. If taxes aren’t paid, making an adverse property claim is a no-go. But if the land isn’t considered uncultivated, a squatter can skip the tax bill.
Can I call the police to get rid of Squatters?
It’s best to contact the sheriff when dealing with squatters because they’re the ones who handle criminal matters and can assist you in these situations. But there might be some exceptions; if you have a Writ of Possession, you could potentially get help from the police.
How long can squatters stay in Maine?
To make an adverse possession claim in Maine, a squatter has to live on the property for a minimum of 20 years, regardless of whether they possess color of title or not.
