Maryland Squatters Rights and Adverse Possession Laws (2026)

Maryland sets one of the longest adverse possession periods in the nation: a squatter must occupy land openly and continuously for 20 years before any claim can ripen under Md. Code, Cts. & Jud. Proc. § 5-103. Property owners who discover an unauthorized occupant can remove that person through a wrongful detainer action, a holdover-tenant proceeding, or an ejectment suit, depending on how the occupancy arose.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This page covers Maryland state law only. For a comparison of squatters rights rules across all 50 states, see the national squatters rights guide.

Adverse Possession in Maryland: Period and Elements

The 20-Year Rule Under § 5-103

Maryland's adverse possession period is governed by Md. Code, Cts. & Jud. Proc. § 5-103, which states that a person must file an action for recovery of a corporeal freehold or leasehold estate in land, or enter the land, within 20 years from the date the cause of action accrues. Once that 20-year window closes without action by the true owner, a claimant who has satisfied all elements can seek a court judgment quieting title in their favor.

Maryland has not enacted a color-of-title statute that reduces this period. A squatter who holds a defective or forged deed faces the same 20-year requirement as one who holds no documentation at all. There is likewise no Maryland statute requiring adverse possessors to pay property taxes, unlike states such as California or Texas where tax payment can shorten or support a claim.

Required Elements

Maryland courts have consistently required the following five elements, each satisfied for the full 20-year period:

Actual possession. The claimant must physically use and occupy the property in a manner appropriate to its character. Farming, fencing, building, and maintaining structures all qualify; mere occasional trespass does not.

Open and notorious possession. The occupation must be visible and obvious so that a reasonable owner who inspects the land would be on notice. Concealed or covert use cannot satisfy this element.

Hostile possession. In Maryland, hostility means the claimant possesses the land without the owner's permission and under a claim of right. It does not require ill will or knowledge that the land belongs to another person. If the owner grants permission, that possession is not hostile and the clock does not run.

Exclusive possession. The claimant must possess the property as a true owner would, excluding others (including the record owner) from control. Shared use with the public or with the record owner breaks exclusivity.

Continuous possession. Possession must be uninterrupted for the full 20 years. Seasonal or periodic use can satisfy continuity if it matches how the land is normally used, such as seasonal farming on agricultural land. Tacking is permitted: a claimant can add the continuous possession periods of prior possessors to reach the 20-year threshold, provided there is privity between the successive occupants (for example, a deed or a direct transfer of possession).

What Interrupts the Period

Any of the following actions restart the clock: the record owner re-enters the land and exercises dominion over it, a court judgment is entered against the adverse possessor, or the record owner files a timely ejectment or recovery action in Circuit Court. A written acknowledgment by the possessor that the owner holds title will also interrupt the period.

How to Remove a Squatter in Maryland

Maryland law distinguishes among three categories of unauthorized occupants, and the correct removal procedure depends on which category applies.

Category 1: True Squatters (No Landlord-Tenant Relationship)

A person who occupies property without any rental agreement, lease, or prior permission from the owner is a squatter or wrongful detainer defendant. The correct remedy is a wrongful detainer action under Md. Code Real Prop. § 14-132, filed in the District Court of Maryland for the county where the property is located.

The property owner files a complaint for wrongful detainer, pays the filing fee, and requests a hearing. Under Chapter 188 of the Acts of 2025 (effective October 1, 2025), the court must schedule the hearing within 10 business days after the complaint is filed. This represents a significant acceleration from prior practice and is Maryland's direct legislative response to concerns about squatters occupying properties for extended periods while court dates were delayed.

At the hearing, the owner must show they have the right to possession and that the defendant is unlawfully withholding it. If the court rules in the owner's favor, it issues a judgment for possession. The owner can then request a writ of restitution, which authorizes a sheriff or constable to physically remove the occupant.

Do not use self-help. Maryland law prohibits landlords and property owners from removing occupants by changing locks, removing belongings, or shutting off utilities without a court order. Doing so can expose the owner to civil liability.

Category 2: Holdover Tenants

A holdover tenant is a former tenant who had a valid lease but remains on the property after the lease term expires without the owner's permission. This situation is governed by Md. Code Real Prop. § 8-402.

For month-to-month tenancies, the owner must serve a notice to quit (typically one full rental period, often one month) before filing for summary ejectment in District Court. For week-to-week tenancies, one week's notice is required. If the lease itself specifies a notice period, that governs. After proper notice is given and the holdover continues, the owner files a complaint for summary ejectment in District Court.

Category 3: Tenant at Sufferance

A tenant at sufferance arises when a person who was a lawful tenant remains in possession after the lease expires but before the landlord has taken any action. Maryland treats this occupancy as a holdover and applies the § 8-402 framework, including the requirement to give appropriate notice before filing.

Ejectment in Circuit Court

When a squatter asserts an adverse possession claim or when the property interest at issue involves more than the right to immediate possession, the proper action is an ejectment suit in the Maryland Circuit Court. Ejectment is a common-law action through which the record owner seeks a judgment confirming their title and ordering the occupant off the land. Because Circuit Court litigation is more formal and takes longer than District Court wrongful detainer proceedings, most property owners who face a true squatter with no colorable title claim will prefer the wrongful detainer route in District Court.

Step-by-Step Removal Summary

1. Confirm the occupant has no lease or rental agreement on file.
2. Document the unauthorized occupancy with photographs, written records, and witness statements.
3. File a wrongful detainer complaint in the District Court for the county where the property sits (Md. Code Real Prop. § 14-132).
4. Serve process on the occupant as required by the court.
5. Attend the hearing (now required within 10 business days under Chapter 188 of 2025).
6. If judgment is entered in your favor, apply for a writ of restitution and coordinate with the sheriff for physical removal.
7. Contact local law enforcement if the occupant returned after removal; that may constitute criminal trespass.

Maryland Squatters Rights FAQ

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Disclaimer: This page provides general legal information about Maryland squatters rights and adverse possession law. It is not legal advice and does not create an attorney-client relationship. Property law disputes can be fact-specific and time-sensitive. Consult a licensed Maryland real estate attorney for advice about your particular situation.

Sources

• Md. Code, Cts. & Jud. Proc. § 5-103 (20-year adverse possession period), Maryland General Assembly, mgaleg.maryland.gov
• Md. Code Real Prop. § 8-402 (Holdover Tenants and Summary Ejectment), Maryland General Assembly, mgaleg.maryland.gov
• Md. Code Real Prop. § 14-132 (Wrongful Detainer), Maryland General Assembly, mgaleg.maryland.gov
• Chapter 188, Acts of 2025 (SB 46: Real Property: Wrongful Detainer: Time of Hearing and Service of Process), signed April 22, 2025, effective October 1, 2025, Maryland General Assembly, mgaleg.maryland.gov
• Legal Information Institute, Cornell Law School, "Adverse Possession," law.cornell.edu/wex/adverse_possession

For a comparison of squatters rights rules across all 50 states, see the national squatters rights guide.

RecordingLaw.com provides legal information, not legal advice. No attorney-client relationship is formed by reading this page.