Maryland Squatters Rights: Adverse Possession and Removing Occupants

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • An owner who does not sue or retake the land within 20 years can lose it to someone in adverse possession.
  • An owner can file a wrongful detainer case in the District Court against a person who holds the property without any right of possession and was never a tenant.

Maryland's adverse possession period is 20 years. Owners can remove a person who holds property without any right to it through a wrongful detainer case in the District Court.

Maryland squatters rights at a glance

RuleMarylandLaw
Adverse possession periodAn owner who does not sue or retake the land within 20 years can lose it to someone in adverse possession.Md. Code, Courts and Judicial Proceedings 5-103
How owners remove occupantsAn owner can file a wrongful detainer case in the District Court against a person who holds the property without any right of possession and was never a tenant.Md. Code, Real Property 14-132

Adverse possession

An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.

Adverse possession period. An owner who does not sue or retake the land within 20 years can lose it to someone in adverse possession. (Md. Code, Courts and Judicial Proceedings 5-103)

Removing an unauthorized occupant

How owners remove occupants. An owner can file a wrongful detainer case in the District Court against a person who holds the property without any right of possession and was never a tenant. (Md. Code, Real Property 14-132)

Where the case is filed. Landlord and tenant cases are filed in the District Court of the county where the property is located. (Md. Code, Real Property 8-401 and 8-402)

Why force backfires

Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.

Self-help eviction. A landlord may not lock out a tenant, threaten to, or cut services to force a move out; possession can be taken only under a court warrant carried out by a sheriff or constable, or after abandonment or surrender. (Md. Code, Real Property 8-216)

Protecting a vacant property

Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.

Mistakes to avoid

  • Waiting months to act after someone moves in.
  • Changing locks or removing belongings yourself.
  • Accepting rent or utility payments from the occupant.
  • Leaving a vacant property unchecked for long stretches.
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Verify current law

We last checked these Maryland rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Maryland attorney about your situation.

Laws named on this page

  • Md. Code, Courts and Judicial Proceedings 5-103
  • Md. Code, Real Property 14-132
  • Md. Code, Real Property 8-401 and 8-402
  • Md. Code, Real Property 8-216

Official sources

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Asked by landlords in this state.

How long does adverse possession take in Maryland?

An owner who does not sue or retake the land within 20 years can lose it to someone in adverse possession. Source: Md. Code, Courts and Judicial Proceedings 5-103.

How does an owner remove a squatter in Maryland?

An owner can file a wrongful detainer case in the District Court against a person who holds the property without any right of possession and was never a tenant. Source: Md. Code, Real Property 14-132.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.