Looking for adverse possession in Maryland or squatters rights in Maryland? Maryland law answers those questions with a limitations / prescription statute — primarily Md. Code, Cts. & Jud. Proc. § 5-103 — not a single nationwide rule. This guide explains the Maryland period (20 years), the classic elements as Maryland courts frame them, color of title and tax conditions, how to quiet title, and how recent anti-squatting reforms (if any) interact with mature claims.
Key takeaways
- Statutory period in Maryland: 20 years.
- Primary authority: Md. Code, Cts. & Jud. Proc. § 5-103.
- Taxes: No — Maryland does not require tax payment as an element of adverse possession.
- Color of title: No shorter color-of-title track.
- Quiet-title / AP forum: Circuit court quiet-title actions in the county (or Baltimore City) where the land lies.
- Pair this page with the LawDiver search rail scoped to Maryland for live opinions on hostile possession, tacking, and boundary disputes.
Current adverse possession law in Maryland
Maryland’s adverse-possession period is twenty years under Md. Code, Cts. & Jud. Proc. § 5-103. No shorter color-of-title track or tax requirement applies. Claimants must establish classic adverse-possession elements. Quiet-title actions proceed in circuit court. 2025 legislation sped wrongful-detainer remedies against unlawful occupants, distinct from fee-title adverse possession.
Statutory period
Period: 20 years
Under Md. Code, Cts. & Jud. Proc. § 5-103, the clock generally runs only while possession is adverse and continuous. Permission from the true owner, abandonment, or ouster can stop or reset the period. Always read the full statute text and any disability / tolling provisions before relying on a secondary summary.
Elements Maryland courts require
Maryland requires actual, open, notorious, exclusive, continuous, and hostile possession under claim of right for twenty years under Md. Code, Cts. & Jud. Proc. § 5-103.
In plain terms, adverse possession is not “camping for a few weeks.” Courts look for possession that looks like ownership — fencing, cultivation, building, exclusive control — maintained for the full period without the owner’s permission.
Hostility and claim of right
Maryland hostility is objective; possession under claim of right without permission is adverse. Mistaken-boundary cases turn on whether the possession was under claim of right.
Permission is the classic defense. A neighbor who uses a strip of land with the owner’s consent is usually a permissive user, not an adverse possessor — until a clear repudiation of the permission starts the adverse clock.
Color of title
No shorter color-of-title track.
Color of title is a document that looks like a conveyance (deed, judgment, or instrument) but is defective. It often expands the geographic footprint of constructive possession and, in some states, shortens the years required.
Property taxes
No — Maryland does not require tax payment as an element of adverse possession.
Where taxes are required, courts often demand certified collector records for the full period. Paying taxes alone rarely creates title without the possession elements.
Tacking successive possessions
Tacking is permitted with privity.
Without privity, successive squatters cannot stitch their years together. With privity (deed, inheritance, or transfer of the possessory interest), tacking can complete a period no single occupant finished alone.
Government and public land
Adverse possession generally does not run against the State of Maryland or the United States; dedicated public property is protected.
How to quiet title or defend against a claim
Adverse possession usually becomes marketable title only after a court decree. In Maryland, actions are typically filed in Circuit court quiet-title actions in the county (or Baltimore City) where the land lies. Claimants plead the elements and period under Md. Code, Cts. & Jud. Proc. § 5-103; owners defend with permission, interruption, lack of exclusivity, survey / boundary evidence, or government-land immunity.
Practical sequence for a claimant:
- Confirm the correct statutory track (color of title, taxes, acreage caps).
- Assemble possession evidence (photos, surveys, tax receipts, witness affidavits).
- File quiet title / declaratory judgment in the proper Maryland forum.
- Serve all record owners and lienholders; expect a boundary or survey fight.
- Record the judgment so the title plant and future buyers see the decree.
Practical sequence for an owner who discovers an encroachment:
- Document the intrusion immediately (survey, photos, written objection).
- Send a clear written revocation of any implied permission.
- Consider ejectment / unlawful detainer before the statutory period runs.
- Do not use self-help lockouts if the occupant claims residency — use court or statutory sheriff process.
Anti-squatting and expedited removal
SB 46 / Ch. 188 (2025) accelerates wrongful-detainer / unlawful-occupation removal procedures.
These statutes target recent unauthorized occupants. They do not erase a mature adverse-possession claim that already ripened under Md. Code, Cts. & Jud. Proc. § 5-103. Owners still must use lawful process — self-help lockouts remain risky.
Case law: how Maryland courts decide adverse possession
The opinions below are in the LawDiver corpus, with block quotes pulled from the opinion text so you can jump into the full decisions.
John P. Sadtler and Philip B. Sadtler, George T. Sadtler and John P. Sadtler, Trustees v. The Peabody Heights
John P. Sadtler and Philip B. Sadtler, George T. Sadtler and John P. Sadtler, Trustees v. The Peabody Heights, 66 Md. 1 (1886)
…d by the appellants, was not legally sufficient to prove an adverse possession sufficient to bar the legal title of the appellee. The question then is, whether there was any evidence from which the Court sitting as a jury, could reasonably find an adverse possession of the road-bed by the appellants for the period prescribed by the statute. And by adverse possession, we mean an…
Open the full opinion on LawDiver to read how Maryland courts apply adverse-possession elements in context.
HUNGERFORD v. HUNGERFORD, Et Ux.
HUNGERFORD v. HUNGERFORD, Et Ux., 234 Md. 338 (1964)
…on the ground that a fee simple title had been acquired by adverse possession, and, in the alternative, sought specific performance of an oral agreement between Henry and William to convey the property to William. We denied the claim for specific performance under the doctrine of laches and remanded the case to permit amendment and further proceedings with respect to the claim…
Open the full opinion on LawDiver to read how Maryland courts apply adverse-possession elements in context.
BLICKENSTAFF Et Al. v. BROMLEY Et Ux., Etc.
BLICKENSTAFF Et Al. v. BROMLEY Et Ux., Etc., 243 Md. 164 (1966)
…Charles L. Blickenstaff and his wife have acquired title by adverse possession to a small parcel of land consisting of about 0.1 of an acre (marked on the plat below with a large X). In 1956, the appellees, Walter Bromley and his wife, purchased a 200-acre farm in Pondsville area of Washington *167 County. At that time, the farm had on it a few fruit trees, but since then the B…
Open the full opinion on LawDiver to read how Maryland courts apply adverse-possession elements in context.
Russell U. FARRELL, Jr., Et Al. v. Robert E. PHILLIPS, Et Ux.
Russell U. FARRELL, Jr., Et Al. v. Robert E. PHILLIPS, Et Ux., 94 Md. App. 152 (1992)
…street and that the appellees acquired fee simple title by adverse possession. The President and the Town Commissioners of the Town of Charlestown have filed this appeal from that decision. The property in issue lies in a subdivision known as Charlestown Beach Estates. In 1924, a private owner recorded a plat for Charlestown Beach Estates among the Land Records of Cecil County…
Open the full opinion on LawDiver to read how Maryland courts apply adverse-possession elements in context.
Practical research tips
- Read the live text of Md. Code, Cts. & Jud. Proc. § 5-103 on LawDiver before relying on this summary.
- Search Maryland opinions for
adverse possession Maryland,squatters rights Maryland,Md. Courts and Judicial Proceedings 5-103,Maryland quiet title,Maryland wrongful detainer,twenty year adverse possession Maryland. - Cross-check survey descriptions, tax parcels, and recorded instruments — many AP fights are boundary cases in disguise.
- Distinguish short-term squatting (removal / trespass) from multi-year adverse possession (quiet title).
Frequently asked questions
What is the adverse possession period in Maryland?
20 years, under Md. Code, Cts. & Jud. Proc. § 5-103. Shorter tracks may apply with color of title or tax payment where the statute so provides.
Do squatters have rights in Maryland?
“Squatters rights” is popular language for adverse possession. Maryland recognizes the doctrine, but only after the statutory elements and period are met — and usually only after a quiet-title judgment. Short-term unauthorized occupation is typically trespass / eviction territory, not title.
Are property taxes required for adverse possession in Maryland?
No — Maryland does not require tax payment as an element of adverse possession.
What is color of title in Maryland?
No shorter color-of-title track.
Can you adversely possess government land in Maryland?
Adverse possession generally does not run against the State of Maryland or the United States; dedicated public property is protected.
How do I quiet title after adverse possession in Maryland?
File in Circuit court quiet-title actions in the county (or Baltimore City) where the land lies, plead the elements under Md. Code, Cts. & Jud. Proc. § 5-103, serve interested parties, and record any judgment. Use LawDiver to pull recent Maryland quiet-title and adverse-possession opinions before drafting.
Disclaimer
This guide is general legal information about adverse possession in Maryland, not legal advice. Statutes and case law change. Confirm the current text of Md. Code, Cts. & Jud. Proc. § 5-103 and consult a licensed Maryland real-estate attorney about your parcel before filing or relying on a possession claim.