Maine squatters’ rights: Understanding adverse possession

What is a squatter?

A squatter is someone who moves into (or stays on) property without the owner’s permission and without a valid lease. In condo and HOA communities, that can look like an unauthorized person occupying a vacant unit, living in a clubhouse or storage area, or treating part of the common area like their own.
 

Squatters vs. trespassers

Squatters and trespassers both occupy property unlawfully, but there’s a key difference: trespassers are typically there briefly and covertly, while squatters take residence openly and may live there for extended periods. Only squatters can potentially claim adverse possession after meeting specific requirements.
 

Adverse possession

In Maine, adverse possession is a way someone can claim ownership after at least 20 years of possession that meets specific legal standards. To win an adverse possession claim, the person generally must prove they possessed the property for 20+ years in a way that was:

• Actual: They physically used the property like an owner would.
   
• Open and notorious: The use was visible and not hidden.
   
• Hostile: They used it without the true owner’s permission.
   
• Continuous: They used it without meaningful interruption for the full 20 years.
   
• Exclusive: They acted like the sole owner, not sharing control with the true owner.
   
• Claim of right: The person used it as an owner would, not as a guest or with acknowledgment of the owner’s control.

Color of title

“Color of title” means someone has a written document, usually a recorded deed, that looks like it gives them ownership, even if it turns out to be wrong or defective. Unlike other states, Maine does not reduce its 20-year timeframe based on color of title.
 

How to remove squatters

In Maine, removing someone who is occupying residential space is typically done through Forcible Entry and Detainer (FED), Maine’s eviction court process. 14 M.R.S. § 6001 allows an FED case against someone wrongfully holding the property and against certain tenants after the tenancy ends.

Who files depends on where the person is living:

• Inside a privately owned unit: The unit owner/landlord usually brings the FED case.
   
• In association-controlled space: The association may be the party that files.

If the person is treated as a tenant at will, 14 M.R.S. § 6002 generally requires a minimum 30 days’ written notice to terminate, but it also allows 7-day termination notices for specific causes listed in the statute if the landlord can show, by affirmative proof, that a listed cause applies, including things like substantial damage, nuisance/unfit conditions or certain legal violations, rent arrears, and even when the occupant is not an authorized occupant.
 

The role of board members

Board members generally can’t evict someone from a privately owned unit. The unit owner/landlord typically files the FED case. However, board members can document issues and involve police for criminal trespass when appropriate.

Additionally, they can manage and protect common areas by adopting and enforcing rules, controlling access, and hiring management/security.
 

Avoid illegal “self-help” removals

Changing locks, shutting off utilities, or removing property without the proper process can create liability fast for boards and owners. 14 M.R.S. § 6014 provides remedies for illegal evictions, including damages. The safest approach is to document what is happening, follow the notice rules that apply, and use law enforcement and the courts appropriately instead of improvising.
 

Writ of possession

A writ of possession is the court order that authorizes law enforcement to physically return the property to the owner/landlord after an FED case. This way, the removal happens legally, not through self-help. In Maine FED cases, the court issues the writ seven calendar days after judgment is entered under 14 M.R.S. § 6005.
 

Prescriptive easements

Sometimes the dispute isn’t about who owns the land, but whether someone has the right to keep using part of it, like a shortcut path or driveway. Under 14 M.R.S. § 812, someone can claim a prescriptive easement only by using the area uninterruptedly and without permission for 20 years.

An owner may be able to prevent a prescriptive easement from forming by giving formal notice in one of these ways:

1. Post a notice on the property in a clear, visible spot for 6 days in a row, or
    
2. If the land is in Maine’s unorganized territory, record the notice at the registry of deeds, or
    
3. Serve an attested copy of the notice on the specific person using the area by an officer qualified to serve civil process.

After proper posting/recording/service under 14 M.R.S. § 812, the owner can prevent a prescriptive easement from forming.
 

Preventing squatters

Protecting your property from unauthorized occupancy is the most effective way to avoid potential Maine squatters’ rights claims. Preventive action is far easier and less costly than responding to a legal claim after it develops. Consider these steps:

• Secure entry points: Lock doors, windows, and gates, and consider using alarm systems or smart locks for added security.
   
• Post clear signage: “No Trespassing” signs establish that entry is not permitted and can help law enforcement respond if needed.
   
• Inspect regularly: Visit or have someone inspect vacant properties frequently to look for signs of unauthorized use.
   
• Monitor utilities: Watch for unexpected changes in water, gas, or electricity usage that could indicate occupation.
   
• Work with professionals: Hire a property management company to perform regular inspections, coordinate maintenance, and manage security for vacant properties.
   
• Keep records: Maintain clear documentation of property visits, maintenance work, and communications about occupancy or trespassing.

Regular oversight is the best protection against squatters. Early detection allows owners to act promptly, preventing long-term possession or costly legal steps down the road. By combining proactive maintenance with professional management support, communities can safeguard both their physical spaces and their peace of mind.
 

About FirstService Residential

FirstService Residential supports Maine communities with the day-to-day structure that helps prevent issues like unauthorized occupancy and protects common property through consistent procedures. Our local teams assist boards with communication, recordkeeping, security coordination, and maintenance planning so concerns can be addressed early and documented clearly.

With 24/7 customer care and experienced managers across the state, we help associations stay organized, follow required processes, and maintain a safe and well-run environment for residents.

To learn how we can support your Maine community, contact our team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.