Maryland squatters' rights: What your HOA community should know

Disclaimer: The information in this article is for general informational purposes only and does not constitute legal advice. Laws change frequently and vary by jurisdiction. You should always consult an attorney and work closely with your property management partner for the most up-to-date guidance on Maryland squatters’ rights.
 

What is a squatter in Maryland?

A squatter is someone who occupies property without permission from the rightful owner. At first glance, this may appear to be trespassing, but the legal implications can quickly become more complex. When squatters stay long enough under certain conditions, they may attempt to claim the property through “adverse possession.” In Maryland, adverse possession often requires 20 years of continuous occupation, though local nuances can affect how courts interpret these cases.

For homeowners associations (HOAs), condo associations, and property managers, dealing with squatters can be especially challenging. Maryland courts often differentiate between short-term trespassers and occupants who have established residency. A professional property management company can help you understand applicable Maryland laws, protect property values, and remain in compliance to avoid lengthy legal disputes.
 

What are Maryland squatters’ rights?

In most cases, Maryland law requires specific criteria for a successful adverse possession claim, including possession that is continuous, open, notorious, exclusive, hostile, and actual:

• Continuous use for 20 years: The individual must occupy the land or property for at least 20 consecutive years without significant interruption.
   
• Open and notorious possession: Their occupation must be evident, not secretive. The rightful owner (or their agent, such as an HOA) should have a fair chance to notice and take legal action.
   
• Exclusive possession: The squatter cannot share the property with the legal owner or others.
   
• Hostile possession: “Hostile” in a legal sense means without the owner’s permission. It doesn’t imply aggression, merely that the occupant never had a valid lease or consent. Paying rent or otherwise acknowledging the landlord’s authority negates the “hostile” element. If the squatter started out as a tenant and wants to claim adverse possession later, they would have to show a clear break in that permission (e.g., the landlord repudiated their tenancy, or they remained on the property openly contrary to the landlord’s interest for the full 20‐year period).
   
• Actual possession: The squatter exercises control over the property, possibly making improvements, paying taxes, or maintaining the property as if they owned it.

Does color of title shorten the timeline for adverse possession in Maryland?

No, even if a squatter holds color of title (a flawed or invalid deed or similar document), Maryland does not typically shorten the required 20-year period for adverse possession. While color of title might strengthen a squatter’s claim by showing they believed they had ownership, it does not usually shorten the continuous possession timeline under current Maryland law.
 

Does paying property taxes affect the timeline for adverse possession in Maryland?

No, paying property taxes does not shorten the 20-year adverse possession timeline in Maryland. Unlike some states where tax payments can reduce the required period for a claim, Maryland law does not generally recognize property tax payments as a way to accelerate adverse possession. However, paying taxes may strengthen a squatter’s claim by demonstrating that they treated the property as their own, potentially influencing a court’s decision.
 

Steps to removing a squatter in Maryland

If you discover a squatter, you cannot simply lock them out or remove their belongings. In most cases, Maryland law requires a legal eviction or ejectment process. Here are the steps boards and unit owners may consider:

1. Seek legal advice early: Maryland’s rules differ for tenants vs. trespassers, and HOAs, condo boards, and unit owners may have unique concerns under their governing documents. A lawyer can help file the correct legal action (eviction, wrongful detainer, or ejectment) and determine that all service and hearing requirements are met.
    
2. Eviction vs. ejectment: Did the individual once have permission to occupy the property (e.g., through a lease or rental agreement), or are they a trespasser who moved in without consent? The HOA or condo association’s bylaws and covenants may outline procedures or powers the board or unit owner has in enforcing community rules. If a unit is individually owned, the board may need the homeowner’s cooperation to initiate eviction or ejectment.
    
3. Eviction, if a landlord–tenant relationship existed: If the occupant was (or is) a tenant who stopped paying rent or overstayed after a lease ended, the unit owner (for privately owned units) or the board (for association-owned property) must follow Maryland’s landlord–tenant eviction procedures. Eviction actions typically start in the Maryland District Court, where the unit owner or board files the appropriate complaint and serves the occupant with a summons. At the hearing, the unit owner or board must present their case, documentation, and any HOA or condo rules the occupant violated. If the court grants a judgment for possession, the occupant must vacate. If they refuse, the sheriff may remove them once the proper court order is obtained.
    
4. Ejectment (or wrongful detainer), if no permission was ever granted: In Maryland, a wrongful detainer complaint in District Court is often used to remove someone who never had a valid right to be on the property (i.e., a squatter or trespasser). If there are complex ownership issues or the occupant disputes title, an ejectment action in the Circuit Court may be necessary. Ejectment is more formal and can take longer than a District Court wrongful detainer. Once the occupant has been served, a hearing will be scheduled. If the court finds that the occupant has no legal right to the property, it will issue an order requiring them to leave. If they still refuse to vacate, the sheriff may enforce the order and remove them from the property.

How Maryland HOAs and condo associations can protect against squatters

Preventing unauthorized occupancy before it begins is the most effective way for Maryland HOAs and condominium associations to protect their properties. Squatters often target vacant units, so establishing strong security and oversight measures can significantly reduce the risk of illegal occupancy.

One of the most important steps is conducting regular inspections of both common areas and unoccupied units. By maintaining an active presence in the community, board members and property managers can quickly identify any signs of unauthorized entry. When inspections reveal suspicious activity or unauthorized alterations, it is essential to document everything. This documentation can be crucial if legal action becomes necessary.

Another key factor in preventing squatters is tailoring your governing documents to explicitly forbid unauthorized occupancy. Bylaws should specify how the association enforces property access rules, what actions can be taken if a squatter is identified, and what steps are necessary for removal. Having clear language in governing documents that aligns with applicable laws can strengthen an HOA or condo board’s ability to address squatting swiftly and legally.

Beyond policies and inspections, physical security measures such as installing surveillance cameras, securing entry points, and using no-trespassing signage can deter potential squatters from targeting properties. When these steps are combined with the support of a professional property management company, communities can effectively safeguard their homes and minimize the risks associated with squatters.

What can a property management company do about Maryland squatters?

Partnering with a property management company that understands Maryland real estate law and local regulations can be invaluable for HOAs and condo associations. Property managers can:

• Identify unauthorized occupancy through routine patrols and check‐ins.
   
• Create clear policies that discourage unauthorized subletting or squatting.
   
• Coordinate legal action by working with a network of trusted local attorneys.
   
• Provide 24/7 on‐call support to board members and residents when an occupancy complaint arises.
   
• Establish strategies to secure vacant units, including lock changes and ongoing monitoring.

Although squatting might appear to be a straightforward trespassing issue, it can evolve into a complex legal matter under Maryland’s current adverse possession laws. For an HOA or condo board, navigating eviction procedures, coordinating with local officials, and supporting compliance with both state and local regulations can feel daunting.

FirstService Residential is dedicated to supporting Maryland HOAs and condos with expert guidance on property management, legal compliance, and security solutions. If your community is facing challenges related to squatters or unauthorized occupancy, contact our team today to learn how we can help.