Squatters’ rights and adverse possession in Maine often catch landlords off guard, but pose significant risks. For example, someone could sneak into a vacant Bangor home and claim the right to stay, forcing the real property owner into a costly, time-consuming legal battle.
In this article, we’re going over how Maine defines squatters, the timelines for adverse possession, and prevention strategies to help you protect your property in the Pine Tree State. Keep reading to learn more.
What is a squatter?
A squatter occupies a property without the owner’s permission and without a valid lease agreement. Squatters never sign rental paperwork, never receive any form of approval to live there, and do not pay rent, yet they move in and refuse all requests to leave.
Imagine someone moving into a vacant duplex in Portland, changing the locks, and bringing in furniture, all without the owner’s consent or a signed rental agreement. This person qualifies as a squatter under Maine law.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters to landlords, as each situation requires a different legal approach.
Squatters
- Take up residence without permission and stay long-term
- Attempt to establish the right to long-term occupation or ownership
- Force landlords to follow the formal eviction process for removal
Trespassers
- Enter without consent, but leave quickly
- Do not attempt to claim occupancy or ownership
- Law enforcement can typically remove them on the spot
In short, squatters create prolonged occupancy disputes that require eviction, while trespassers only make brief, unauthorized entries that police can usually address immediately.
What are squatters’ rights?
Squatters’ rights describe the limited legal protections that unauthorized occupants can gain over time. Squatters’ rights in Maine stem from adverse possession rules rather than tenancy, and can cause serious problems for landlords.
In Maine, squatters’ rights can delay the removal of unauthorized occupants and force landlords to go to court. Property owners must follow formal eviction steps and act quickly, since any delays can strengthen a squatter’s position and possibly even allow them to claim ownership of the property.
Can a squatter actually claim legal rights to a property?
As unbelievable as it sounds, squatters can claim legal rights to property in Maine through adverse possession. However, the process demands years of strict proof and rarely succeeds. Landlords can easily prevent these problems by tracking vacancies, securing their properties, and acting quickly if unauthorized occupants appear.
Adverse Possession Laws in Maine
Adverse possession in Maine is the legal route a squatter can use to take ownership from the lawful owner. Before claiming adverse possession, though, the squatter must fulfill a series of strict legal requirements. To successfully claim adverse possession, the squatter’s residence must be:
Actual: The squatter must physically use the property as an owner would, by living there, maintaining it, and making material improvements. Brief visits do not count.
Open and notorious: The squatter’s residence must be obvious enough for the owner and passersby to notice, and the squatter cannot attempt to hide their presence on the property.
Hostile: The squatter must be on the property without permission or a valid lease. In other words, the occupancy should be hostile to the owner’s rights.
Exclusive: The squatter must live alone on the property and cannot share possession with the owner, tenants, or other squatters during their residence.
Uninterrupted: In Maine, the squatter must occupy the property continuously for at least 20 years, without any absences or successful evictions.
Supporting law: 14 M.R.S. § 801
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in Maine, a squatter must occupy a property continuously for at least 20 years. An eviction, extended absence, or any other break in possession resets the clock, even if the squatter later returns and resumes living on the property.
For example, a squatter who occupies a Lewiston home for 8 years, then leaves for several months before returning, cannot claim ownership by adverse possession. Instead, they would have to begin building their claim all over again.
Supporting law: 14 M.R.S. § 801
Does the squatter need to have a color of title to claim adverse possession?
Color of title refers to a written document that appears to transfer ownership but contains a defect, such as an invalid deed recorded after someone purchases a foreclosed Millinocket home.
In Maine, squatters do not need color of title to claim adverse possession. Maine law focuses on continuous, open, hostile, actual, and exclusive possession for 20 years. However, a squatter may use a color of title document to strengthen an adverse possession claim in court.
Supporting law: 14 M.R.S. § 801
Does the squatter have to pay property taxes for adverse possession in Maine?
In many states, squatters must pay property taxes to pursue adverse possession. Maine is not one of them, and tax payments will not replace the state’s requirement for long-term, continuous possession.
Paying property taxes also does not shorten Maine’s 20-year adverse possession requirement, though squatters could use tax payment records to support a claim of property ownership. Landlords should always stay current on tax payments to avoid ownership disputes, liens, or foreclosures.
Supporting law: 14 M.R.S. § 801
How to Legally Remove Squatters from Your Property
Removing a squatter in Maine requires landlords to follow a strict set of legal steps. Here’s what you’ll have to do if you discover an unauthorized occupant on your property:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If it’s safe to do so, negotiating directly with the squatter can help you avoid the costs and stress of the eviction process. You could offer a cash-for-keys agreement, provide moving assistance, or set a firm move-out date in writing.
Important: Never attempt self-help eviction methods, such as turning off utilities or removing the squatter’s belongings. This practice is illegal nationwide and can result in fines or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Consider asking local law enforcement to visit your property and speak with the occupant. Officers may determine that the person qualifies as a trespasser rather than a squatter, in which case, police can remove the individual on the spot without the need for a formal eviction.
Step 3: Serve the Squatter a 7-Day Notice to Quit
If law enforcement cannot remove the squatter, you must evict them as if they were a tenant. First, you’ll serve a 7-Day Notice to Quit, formally requesting that the occupant vacate your property within a week or face eviction.
Step 4: File a Forcible Entry and Detainer Complaint Against the Squatter
If the squatter doesn’t leave your property after the notice deadline passes, file a Forcible Entry and Detainer complaint in the Maine District Court for your property. This filing starts the Maine eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
Bring clear evidence of your rightful ownership to court so you can strengthen your case and show the judge that the squatter has no right to stay on your property. Landlords often provide:
- A legally recorded deed in the owner’s name
- Property tax payment records
- Photos and videos of the squatter’s presence on your property
- Written records of prior communication attempts
The squatter will also get time to present a defense. They may show proof of long-term occupancy, property tax payments, and color of title, so stay prepared with strong documentation.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
If the judge rules in your favor, the court enters a Judgment for Possession, which allows you to request a Writ of Possession from the court clerk. In Maine, only a sheriff can execute the writ and physically remove the squatter from your property.
The squatter must depart your property within 7 days of judgment. If not, the Writ of Possession grants another 48 hours to leave voluntarily before the sheriff removes them. The squatter can attempt to appeal within 21 days of judgment, but once removed, they generally have no further recourse.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Possession in hand, the sheriff can physically remove the squatter from your property and restore possession to you. If the squatter leaves any belongings, you must store them for 7-14 days and provide notice, allowing the squatter to claim the items before disposal.
Once the squatter leaves, secure the property immediately by changing the locks and regularly inspecting it to keep out future squatters.
After the squatter is officially off your property, you’ll want to focus on prevention. Let’s go over some tips to keep squatters from occupying your property again.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from the start. Proactive management, fast responses, and visible property oversight can all reduce the risk of squatting.
Inspect the property regularly: Visit vacant properties frequently to spot signs of unauthorized entry or occupancy early, before a minor trespass turns into a long-term squat.
Install security cameras: Set up visible, functioning cameras to deter break-ins, monitor your property remotely, and provide evidence if someone enters without permission.
Act quickly against trespassers: Report unauthorized entry to law enforcement immediately. Swift, decisive action allows you to remove trespassers before they can establish long-term occupation and claim squatters’ rights.
Secure all entry points: Lock doors and windows and block off secondary access points, such as garages or basements, to eliminate any easy opportunities for unlawful entry.
Maintain the property: Keep lawns trimmed, exterior lights working, and repair any damage promptly. Well-maintained properties signal active ownership, which discourages squatters seeking vacant or neglected spaces.
Fill vacancies quickly: Squatters often target empty properties, so advertise your rental property quickly to reduce downtime between paying tenants.
Screen future tenants thoroughly: Before you sign a new lease agreement, verify the renter’s identity, income, and eviction history using tenant screening tools to avoid tenants who may later refuse to leave.
Now that you know how to prevent squatters from moving in, we’ll wrap up with a few more options for Maine landlords to defend their rentals.
Digital Tools to Help Landlords Thwart Squatters
With the right approach, owners can confidently manage squatters’ rights and adverse possession in Maine, protect their investments, and avoid costly ownership disputes.
Reliable property management software, such as TurboTenant, can help you track vacancies, store records, and respond quickly if unauthorized occupants appear.
Create your free account today to take control of your rental management process.
FAQs: Squatters’ Rights & Adverse Possession Laws in Maine
How long does it take a squatter to claim property rights in Maine?
In Maine, a squatter must occupy a property for at least 20 continuous years to pursue adverse possession. Their residency must also be open, hostile, exclusive, and actual to qualify. An absence or successful eviction resets the clock, terminating the squatter’s pre-existing claim.
Can landlords remove squatters legally without taking legal action?
Landlords may remove squatters without taking legal action only if law enforcement classifies them as trespassers. However, if an unauthorized occupant has lived on a property for an extended period and attempts to claim rights, Maine law requires landlords to follow the formal eviction process.
What’s the difference between a squatter and a holdover tenant?
A squatter never obtains permission or a lease to occupy a property. Meanwhile, a holdover tenant legally continues to rent but refuses to leave the property after the lease expires. Holdover tenants have limited tenant rights, while squatters have none.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities, changing locks, or otherwise attempting to force a squatter to leave qualifies as illegal self-help eviction in Maine. These actions can lead to fines, lawsuits, or dismissal of an eviction case. Landlords must rely on law enforcement and obtain an eviction order.