What is Squatting & What are Squatters?
Squatting is the action of occupying an unoccupied area or building that the individual does not own or have any legal permission to occupy. Therefore, a squatter is a person who unlawfully occupies an uninhabited building or unused land. A squatter can almost be any individual that fits the above criteria, however, depending on who they are and their circumstances they could have rights that allow them to stay at the property.
Definitions
Adverse possession - a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.
Color of Title - refers to irregular ownership of a property and the absence of one or more legal documents from the claimant. Color of Title does not affect how long a person has had continuous possession; however, it can help a person prevail in court against an opposing claim.
Wrongful Detainer - the action used to evict houseguests, family members, friends, and/or squatters that refuse to leave a property after being asked.
Ejectment - name of a process issued by a party claiming land or other real estate, against one who is alleged to be unlawfully in possession of it.
How to Prevent Squatters
The best way to avoid directly dealing with squatters at your property is by taking active measures to ensure that they are unable to occupy it in the first place. The following is a list of some of the things you can do as an owner:
Squatters Rights in Pennsylvania & Maryland
How to Remove Squatters in Pennsylvania & Maryland
In Pennsylvania the process of getting out squatters is called an ejectment while in Maryland it is called wrongful detainer. Even though the names are different the process is essentially the same for both states. In total it takes around $3,500 to file this claim but the whole process can cost anywhere from $3,000 - $10,000 (depending on the costs of the following requirements. A hearing would only occur if the squatters contest the claim that you file. They would need to be able to show proof of everything outlined in the "Squatters Rights" section to be able to present a decent case. Once everything goes through and the lockout is scheduled there needs to be a representative at the property (owner or someone on behalf of the owner), Sherriff, locksmith, as well as a moving company or other party that is able to move all of the squatters items into a storage unit. The storage unit must be bought for 30 days after the day of the lockout from which the squatters need to schedule a time to pick their stuff up from it. Once the 30 days have passed you are allowed to discard of their things.
Final Notes
While the above certainly gives you a good outline on what squatters are, what their rights are, and the process of removing them from your property, make sure to seek advice before dealing with a squatting situation on your own. Sometimes there is more to a situation than you can see on the surface so it is important to seek legal advice and/or professional help when dealing with a squatting situation. Moreover, having a property management company such as ANCHOR Realty can be a huge help in terms of preventing a squatting situation or remedying it if it occurs due to our specialized teams and past experiences. Contact ANCHOR today to get help with your situation or to see if we are the right property manager for you!
Citations
Bitton, D. (2023, February 13). Maryland squatter's Rights & Adverse Possession Laws. Property Management Blog by DoorLoop. Retrieved February 27, 2023, from https://www.doorloop.com/laws/maryland-squatters-rights#:~:text=A%20squatter%20must%20inhabit%20your,legal%20ownership%20of%20the%20area.
DeSantis, C. (2022, February 21). Squatter's rights Pennsylvania - A Guide to PA Adverse Possession Laws. DeSantis Property Management in Pittsburgh. Retrieved February 27, 2023, from https://desantispropertymanagement.com/pennsylvania-squatters-rights/#:~:text=In%20Pennsylvania%2C%20a%20squatter%20will,possession%20claim%20null%20and%20void.
Evictions , M. (2022, September 6). Wrongful detainer. MEO Services. Retrieved February 27, 2023, from https://marylandevictionsonline.com/wrongful-detainer/
University , C. (2022, June). Adverse possession. Legal Information Institute. Retrieved February 27, 2023, from https://www.law.cornell.edu/wex/adverse_possession
Wood, S. (2022, November 2). Do squatters' rights still exist? Able Investigations. Retrieved February 27, 2023, from https://ableinvestigations.com/do-squatters-rights-still-exist/