Squatters Rights Maryland Summary
Statutory Period
10 years (or 5 years with color of title & tax payment)
Primary Statute
Maryland Code, Real Property § 5-103
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days Maryland
There is a pervasive misconception that squatters in Maryland can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Maryland state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Maryland
This misinformation stems from several sources:
- Confusion with tenant laws: Maryland's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Maryland is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Maryland's 2025 Squatter Removal Process
Maryland law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Maryland's criminal trespass laws
- For situations requiring court action, Maryland offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Maryland has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Maryland has clarified its trespassing laws to better address squatting situations, with amendments to Maryland Statutes § 13-1502 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Maryland, a claimant must occupy the property for either 10 years, or 5 years with color of title and tax payment, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Maryland
Key information about squatter's rights in Maryland
Maryland's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in humid subtropical environments.
Maryland's Strict Interpretation
Maryland courts apply a particularly rigorous standard to adverse possession claims:
- Maryland requires "unequivocal" evidence of all elements of adverse possession
- The burden of proof is on the claimant to demonstrate each element clearly
- Permissive use is strongly presumed in family relationships and neighborly accommodation
- Maryland courts strictly interpret the exclusivity requirement
- Constructive possession (legal possession without physical occupation) is narrowly applied
This stringent approach reflects Maryland's historical protection of property rights and the state's emphasis on formal title.
Statutory Time Requirements
Maryland's laws provide specific timeframes for adverse possession:
- 20 years: Standard adverse possession period required for a claim to mature
This period must be continuous and uninterrupted. Any acknowledgment of the true owner's title or legal action will restart the statutory period.
Reference: Maryland Code
Common Law Elements
Maryland courts have established several essential elements that must be proven for a successful adverse possession claim:
- Actual: Physical occupation and use of the property
- Open and Notorious: Visible possession that would alert a reasonable owner
- Exclusive: Possession not shared with the true owner or general public
- Hostile: Occupation without permission (not necessarily with ill intent)
- Continuous: Uninterrupted possession for the statutory period
All elements must be proven by clear and convincing evidence for the statutory period.
Maryland Adverse Possession Statutes
Maryland Statutes § 12-526. Adverse possession of real property
A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceful and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward.
B. An action for recovery of real property which has been granted by this state by letters patent or deed executed and recorded more than five years before commencement of the action shall be brought within five years after the cause of action accrues.
Maryland Statutes § 12-527. Adverse possession under written instrument or judgment
A. When it appears that the occupant, or those under whom he claims, entered into possession of premises under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the premises in question, or upon a decree or judgment of a competent court, and that there has been continued occupation and possession of the premises included in the instrument, decree or judgment for five years, the premises so included shall be deemed to have been held adversely.
B. For purposes of constituting an adverse possession by a person claiming title founded upon a written instrument or a judgment or decree, land shall be deemed to have been adversely held when it has been cultivated or improved in a manner consistent with the ordinary use of similar property in the vicinity or when, although not enclosed, it has been used for the supply of fuel or pasture or for the ordinary use of the occupant.
Important Legal Notes
- Maryland courts have consistently held that payment of property taxes is required for the 5-year statutory adverse possession.
- Under Maryland law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Maryland must be initiated by filing a quiet title action.
- Maryland specifically exempts all government-owned lands from adverse possession claims.
Key Maryland Adverse Possession Cases
Occhino v. Hernandez (2017)
This case established that the hostility requirement in Maryland means only that the possessor is occupying the property without permission from the true owner, not that there must be an intentional trespass or ill will. The Maryland Court of Appeals confirmed that a good faith but mistaken belief about property boundaries can still satisfy the hostility requirement.
Moody v. Van Sant (2010)
The Maryland Court of Appeals held that payment of property taxes is an essential element for the five-year statutory period under Maryland Statutes § 12-527, but not for the ten-year period under Maryland Statutes § 12-526. This clarified the dual-track system of adverse possession in Maryland.
Chandler v. Jackson (2005)
Clarified that "cultivation" in Maryland's adverse possession context can mean various forms of land improvement appropriate to the nature of the property, not just agricultural use. This case acknowledged Maryland's diverse humid subtropical landscape and recognized that fencing, grading, and creating access roads could satisfy the cultivation requirement.
Combs v. DuBois (2000)
Established that in boundary dispute cases, when neighbors have treated a particular line as the boundary for the statutory period, even if that line differs from the recorded legal description, the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession.
Maryland Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Maryland, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under Maryland Statutes § 12-526, OR
- 5-year requirement (with color of title and tax payment) under Maryland Statutes § 12-527
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
Maryland property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Maryland provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Maryland's criminal trespass laws (Maryland Statutes § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is Maryland's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under Maryland Statutes § 13-1502 to § 13-1504.
Important: Maryland law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Maryland to claim adverse possession?
In Maryland, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in Maryland's humid subtropical environment?
Maryland courts interpret "cultivation" broadly based on the nature and character of the land. In Maryland's humid subtropical environment, this can include traditional agricultural uses, landscaping, garden maintenance, tree planting, brush clearing, installing fencing, building structures, creating walkways, or other improvements appropriate for the specific type of property. The courts take a practical approach that evaluates whether the use is consistent with how a typical owner would use similar land in the region.
What is "color of title" in Maryland adverse possession law?
In Maryland, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in Maryland.
Can I legally remove squatters from my property in Maryland?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Maryland's criminal trespass laws. In other cases, you must use Maryland's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Maryland and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Maryland?
No. Maryland law specifically exempts land owned by the state of Maryland, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Maryland, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Maryland?
No. This is a common misconception. In Maryland, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Maryland.