Squatter’s Rights in Maine

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A Beginner’s Guide to Adverse Possession Laws in Maine

Adverse possession, commonly referred to as squatters’ rights, is a legal principle that enables individuals to potentially acquire ownership of a property they do not hold title to, provided they fulfill certain criteria over a specified period.

Under Maine’s adverse possession laws, squatters can secure legal ownership of a property if they have continuously occupied and maintained it for a minimum of 20 years. To successfully establish an adverse possession claim in Maine, squatters must prove that their occupation and use of the property has been actual, open, notorious, exclusive, hostile, and uninterrupted throughout the 20-year statutory period.

The principle of adverse possession is designed to prevent properties from remaining unused and to ensure that titleholders actively manage and oversee their land. If a property appears to be abandoned or poorly maintained, and an individual utilizes the property continuously without any objection, they may be able to assert legal rights to the land after an extended period through adverse possession.

For squatters in Maine to successfully claim adverse possession, they must satisfy all the necessary criteria consistently throughout the entire 20-year period. If any of the elements are not maintained during this time, the clock resets, and a new 20-year period commences from the date the criteria were not fulfilled.

Criteria for Adverse Possession Claims in the State of Maine

In order to successfully make an adverse possession claim in Maine, the claimant (sometimes referred to as a “squatter”) must fulfill several strict legal conditions, which are as follows:

Actual Possession Requirements

To establish actual possession, squatters are required to physically occupy and utilize the property in a manner consistent with ownership. Occasional visits to the property or merely storing personal items on the premises do not meet the criteria for actual possession. The squatter must demonstrate regular habitation or active use of the property in its entirety.

Open & Notorious Possession

The squatter’s occupation and claim to the property must be readily apparent to any observer. Possession and activities cannot be concealed. Actions such as conducting repairs, upkeep of the property, making enhancements, erecting signs, or informing adjacent property owners can serve as evidence of open and notorious possession.

Sole Occupancy Requirement

To succeed in an adverse possession claim, the trespasser must be the sole occupant of the property for the entire statutory period. Sharing possession of the property with the rightful owner at any point during the required timeframe will typically nullify the adverse possession claim, as the trespasser’s occupancy must be exclusive and uninterrupted.

Uninterrupted Occupancy

To successfully claim adverse possession in Maine, an individual must physically occupy the property for a minimum of 20 years without any significant interruptions. Brief periods of absence are permissible, but the occupant cannot vacate the premises for extended durations. The key requirement is that the occupancy remains unbroken throughout the entire 20-year timeframe.

Adverse Possession

To claim adverse possession, the occupant must use the property openly without the legal owner’s permission. The possession has to be clearly in opposition to the rightful owner’s interests, and cannot be done with their approval or consent.

Time Requirements

To successfully claim adverse possession in Maine, squatters are required to continuously occupy the property for a minimum of 20 years. Unlike some other states, Maine does not mandate the payment of property taxes as a prerequisite for establishing adverse possession.
The 20-year period of continuous possession must be characterized by actual, open, notorious, exclusive, hostile, and uninterrupted use of the property. Any interruptions in the occupation could jeopardize the validity of the claim. The squatter must utilize the property in a manner consistent with that of a typical owner for the entire 20-year duration.
Maine makes a notable exception when dealing with uncultivated land. In such cases, the squatter must possess a color of title to the land and have consistently paid the associated property taxes for at least 20 years to pursue an adverse possession claim. Merely occupying the uncultivated land for 20 years is insufficient to establish ownership.

In summary, Maine maintains relatively uncomplicated time requirements for adverse possession claims. Squatters who can demonstrate 20 years of uninterrupted occupation and use of the property as if it were their own have the potential to secure legal ownership through the process of adverse possession. However, uncultivated land is subject to more rigorous requirements, necessitating both a color of title and a consistent history of property tax payments.

Pursuing an Adverse Possession Claim in Court

To formally seek legal ownership of an occupied property, squatters in Maine must initiate an adverse possession lawsuit against the current registered owner through the court system. The squatter bears the burden of providing evidence and documentation proving they have met all adverse possession criteria.

Squatters are required to demonstrate 20 years of uninterrupted occupation, submitting proof such as utility bills, maintenance records, property tax payments, or sworn statements from neighbors and visitors. Additional evidence like photos, videos, and other documentation showing consistent occupancy can bolster their case.

Furthermore, squatters must establish that their possession has been actual, open, notorious, exclusive, hostile, and continuous throughout the entire 20-year period mandated by law. Witness testimony, records of property access and improvements, and documented efforts to prevent others from entering can help substantiate these claims.

In an adverse possession lawsuit, the squatter acts as the plaintiff while the legal property owner is the defendant. The case may involve a trial or hearing where both parties present evidence and call witnesses. The court will then determine whether the squatter has satisfied all requirements for claiming ownership through adverse possession in Maine. If the ruling favors the squatter, they can secure a new deed recognizing them as the legal owner of the property.

Dealing with Unwanted Occupants in Maine

In Maine, removing unwanted occupants from a property must be done through the proper legal channels. The first step is for the property owner to give appropriate notice to the individuals. For cases of unpaid rent, a 7 Day Notice to Vacate is required. For other contractual breaches, a 30 Day Notice to Vacate must be issued.

If the unwanted occupants fail to leave after the notice period ends, the property owner can then file a formal eviction case with the local courts. This initiates legal proceedings in which the occupants are given a chance to present their case at a hearing.

When the court decides in the property owner’s favor, it will issue a writ of possession. This document legally permits the removal of the unwanted occupants from the premises. Crucially, the physical removal must be carried out by a sheriff, and not by the property owner directly.

In Maine, law enforcement officers do not have the legal right to remove unwanted occupants, even for trespassing, without a court order. The sheriff is the only official authorized to physically evict occupants after the completion of the proper legal steps and securing of a writ of possession.

Property owners are not allowed to use physical force or coercion to remove unwanted occupants themselves. Such actions are against the law and could result in the property owner facing civil penalties or criminal charges. The only lawful method for removing occupants is to carefully follow the established eviction procedures and obtain the necessary court authorization.

Deterring Unauthorized Occupants

To deter unauthorized occupants from taking up residence in your property, it’s crucial to implement preventative strategies. Consider the following suggestions:

Perform routine property assessments

Conducting regular walk-throughs of the property every few weeks enables prompt identification of any unauthorized occupants before they have a chance to claim residency rights.

Create the illusion of occupancy

Simulate the appearance of an inhabited residence. Arrange for regular postal and periodical deliveries, utilize timed lighting, and ensure the grounds are consistently tended to.

Secure Your Property with Alarms and Illumination

Protect your vacant property by installing motion-activated floodlights and surveillance cameras at key entry points to ward off would-be trespassers and illegal occupants.

Install “Private Property” Notices

Explicit notices communicate that trespassing is prohibited. Affix notices on the residence in addition to property boundary lines.

Request nearby residents stay alert for unusual behavior

Work with neighbors in your immediate vicinity to remain vigilant. Give them your phone number and email.

Engage a Property Management Service

Property managers conduct frequent inspections of the residence and ensure landscaping is well-kept. Having someone visit often helps discourage illegal occupancy.

Proactive steps greatly reduce the chances of squatters attempting to inhabit your property illegally. However, if it does occur, spotting the issue quickly provides the greatest likelihood of having them removed without complications. Remain alert and proactive in protecting your property.

Local Laws and Penalties

In addition to state laws regarding unauthorized occupancy and adverse possession, some municipalities in Maine have enacted further ordinances related to squatting that individuals should be aware of. For instance, Portland has several laws allowing law enforcement to evict squatters from public spaces like parks and walkways if they present a safety hazard or impede public use.

Those occupying private residential or business properties without the owner’s consent may incur added fines and penalties under local codes for unlawful trespass, illegal occupancy, or causing a nuisance. Fines for squatting infractions range from approximately $50-$500 in various localities throughout Maine. Habitual violators could potentially face imprisonment in some areas, particularly if previously removed and cautioned. Reviewing municipal codes can help squatters understand possible legal ramifications.

In summary, squatting on private property without permission is prohibited under Maine law. While squatting may not always result in criminal charges, individuals could be detained and prosecuted for trespassing, breaking and entering, or other crimes based on the situation. Squatters who have been fined or apprehended should consider consulting a local defense attorney. The repercussions depend on the exact statutes and regulations in the municipality or county where the property is situated.

The Unique Relationship Between Landlords and Squatters

Squatters and property owners do not have a traditional landlord-tenant relationship. Squatters live on the property without the owner’s permission, so normal rental contracts, laws, and obligations are not applicable.

In contrast, landlords and tenants have a formal agreement outlined in a lease. Tenants are granted the legal right to reside on the property in return for paying rent and fulfilling certain duties.

Squatters do not have any such contract with the owner. They illegally occupy the property without consent and therefore have no legal rights or requirement to pay rent. The owner gets no benefits or payment from the squatter’s presence.

Because squatters lack legal permission to live there, they are classified as criminal trespassers rather than lawful tenants. This means squatters are not entitled to normal renter protections against eviction. Law enforcement also has significantly more authority to kick out trespassers compared to tenants who can only be removed through an official court eviction.

Owners must be cautious that any casual rent arrangements with squatters could potentially give them legal tenant status. To prevent this, owners should pursue proper eviction procedures instead of trying to directly remove the squatters or collect rent money from them.

Law Enforcement Jurisdiction

In the state of Maine, police officers lack the authority to forcibly evict squatters from privately owned properties. Although squatting constitutes trespassing, it is considered a civil matter rather than a criminal offense. The legal power to remove squatters lies solely with sheriffs, and only after the completion of a formal eviction process and the issuance of a writ of possession by the court system.

A writ of possession is an official order from a judge instructing the sheriff to remove occupants from a specific property. To secure this writ, property owners must adhere to a series of steps, including providing adequate notice to the squatters, filing an eviction complaint with the appropriate court, and participating in a court hearing. If the judge determines in favor of the property owner, the writ of possession will be granted.

Upon receiving the writ, the sheriff will deliver it to the squatters, granting them a 24-hour window to vacate the premises voluntarily. Should the squatters fail to comply with the notice and remain on the property, the sheriff is authorized to revisit the location and physically remove them from the premises. In contrast, police officers do not possess the same level of authority when it comes to evicting squatters.

What are the key elements needed to claim property ownership through adverse possession in the state of Maine?

To successfully acquire legal title to land via adverse possession in Maine, a squatter must openly inhabit and use the property exclusively and without the owner’s permission in a manner that is obvious to others for an uninterrupted period of at least 20 years.

What is the minimum time period squatters must reside in a Maine property to take legal possession?

In the state of Maine, individuals who squat on a piece of real estate are required to continuously occupy the property for a minimum of 20 consecutive years in order to file an adverse possession claim and obtain legal ownership rights to the land or building.

What are the legal steps to evict squatters in Maine?

In Maine, property owners must follow a formal eviction process to remove squatters from their property. This involves filing a complaint with the court, serving notice to the squatters, attending a hearing, and obtaining a writ of possession from a judge. Once a writ is issued, the sheriff can then physically remove the squatters from the property if they do not leave on their own.

How do easements and adverse possession laws work in the state of Maine?

In Maine, easements grant limited use of private property, while adverse possession allows a trespasser to potentially claim ownership after a certain time period. These real estate legal concepts are separate but sometimes associated.

What are the key elements of adverse possession in Maine?

To successfully claim adverse possession in Maine, a person must demonstrate open, notorious, hostile, actual, exclusive and continuous use of the property for a period of at least 20 years. If these criteria are satisfied, the adverse possessor may be able to obtain legal title to the property in question.