Under Maine squatters’ rights, someone occupying your property can only claim legal ownership after 20 years of continuous, open, and hostile possession, and until that threshold is reached you can remove them only through a court process called forcible entry and detainer. Changing the locks, cutting utilities, or hauling belongings to the curb is illegal in Maine, even against someone who has no right to be there.
The 20-Year Adverse Possession Rule
Maine’s adverse possession statute bars a property owner from suing to recover land if more than 20 years have passed since the owner last held possession.1Maine Legislature. Maine Code Title 14 801 – Rights of Entry and Action Barred in 20 Years That is one of the longest statutory windows in the country. A squatter who makes it to the end of that period can file a quiet title action and ask a court to grant them legal ownership.
Winning that action is another matter. Maine courts require the claimant to prove every one of the following by a preponderance of the evidence:
- Actual possession. The person physically uses the land, not just visits occasionally.
- Open and notorious. The use is visible enough that a reasonable owner would notice. Building a structure, farming, or maintaining a yard all qualify.
- Hostile and under claim of right. The occupant treats the land as their own, without the owner’s permission.
- Exclusive. The squatter controls the land alone, not sharing it with the public or the legal owner.
- Continuous for 20 years. No significant gaps in possession during the entire statutory period.
Any break in continuity resets the clock. And if the owner grants permission to use the land at any point, that destroys the “hostile” element and prevents the claim from succeeding for that period of occupancy. Judges scrutinize these claims heavily, and most fail.
Mistaken Boundary Lines Still Count
Not every adverse possession case involves an intentional land grab. Maine explicitly addresses the neighbor who builds a fence, plants a garden, or paves a driveway slightly over the property line. Under Title 14, Section 810-A, a person’s mistaken belief about where the boundary sits does not defeat an adverse possession claim.2Maine State Legislature. Maine Code Title 14 810-A – Mistake of Boundary Line A neighbor who genuinely thought the fence was on their side can still satisfy the “hostile” requirement if the encroachment lasted 20 years undisputed. That is a strong reason to commission a professional survey before assuming an old fence line is accurate.
Paying Property Taxes Blocks the Claim
Maine gives owners a powerful shield. A person cannot claim ownership through adverse possession against an owner of record who has been paying property taxes on that land during the period of claimed possession.3Maine Legislature. Maine Code Title 14 816-A – Payment of Taxes by Owner of Record For owners of vacant land, woodlots, or seasonal properties, keeping the tax bill current is one of the simplest ways to protect your title even if you rarely set foot on the land.
When Squatting Is Also a Crime
A person who knowingly enters a dwelling without permission commits a Class D crime, which carries up to 364 days in jail and a fine of up to $2,000.4Maine Legislature. Maine Code Title 17-A 402 – Criminal Trespass Entering a locked or barred structure, remaining after being personally told to leave, or entering posted or fenced property are Class E crimes, punishable by up to six months in jail and a $1,000 fine.
In practice, whether police treat a situation as criminal trespass or a civil matter depends on how established the occupant is. Someone who breaks into a vacant house tonight is committing a crime that officers can respond to immediately. Once an occupant has been there long enough to argue any form of residency, law enforcement typically steps back and directs the owner to the court-based eviction process. That gray zone is where Maine’s squatters’ rights become the practical concern.
How to Legally Remove a Squatter
The court process is called forcible entry and detainer. It starts with a written notice and ends, if needed, with a sheriff physically removing the occupant.
Serve a Notice to Quit
The first step is a written notice telling the occupant to leave. For someone who was never authorized to be on the property, Maine allows a 7-day notice.5Maine State Legislature. Maine Code Title 14 6002 – Tenancy at Will; Buildings on Land of Another A standard tenant at will requires 30 days. The notice must identify the property, name the occupants if known, state the deadline to vacate, and advise the occupant of the right to contest termination in court.
File the Complaint
If the squatter ignores the notice, file a Summons and Complaint for Forcible Entry and Detainer with the District Court. The filing fee is $100.6Maine Judicial Branch. Maine Supreme Judicial Court Administrative Order JB-05-26 – Court Fees Schedule Include a clear statement of your ownership, the facts of the unauthorized occupation, and your request for possession. Bring your deed, photos showing the occupation, and a copy of the notice with proof it was served. A sheriff or constable then personally delivers the summons and complaint to the squatter for an additional fee.
Attend the Hearing
The court schedules a hearing where a judge reviews the evidence and decides whether you hold a superior right to the property. The court can only grant possession under the process outlined in Title 14, Section 6001.7Maine Legislature. Maine Code Title 14 6001 – Availability of Remedy If the squatter does not appear, the court can enter a default judgment, but federal law requires a military service affidavit first (see below).
Get the Writ of Possession
After the judge rules in your favor, there is a mandatory seven-day waiting period before the court issues a writ of possession.8Maine State Legislature. Maine Code Title 14 6005 – Writ of Possession; Service A sheriff or constable serves the writ, and the occupant then has 48 hours to leave and remove their belongings. If they fail to go, the law treats them as a trespasser without right, and their remaining property is considered abandoned.
What to Do With Belongings Left Behind
Owners often assume they can throw out whatever is left. Maine law says otherwise. Once a former occupant’s belongings are considered abandoned, you must store them in a safe, dry, secured location and send written notice by first-class mail listing the items and explaining your intent to dispose of them.9Maine Legislature. Maine Code Title 14 6013 – Property Unclaimed by Tenant
The former occupant has seven days to claim the property. If they respond within that window, you must release the items without requiring payment of any debts owed, and you must continue storing them for at least 14 days total from when you sent the notice. If they claim but do not pick up by day 14, or never respond at all, you can sell items with fair market value and apply the proceeds toward any debts, storage costs, and damages. Anything with no market value can be disposed of. Any sale proceeds left over after covering your costs must go to the State Treasurer.
Why You Cannot Just Change the Locks
Self-help evictions are flatly prohibited. No property owner may seize, hold, or deny a person access to the premises they occupy except through the court process.10Maine Legislature. Maine Code Title 14 6014 – Remedies for Illegal Evictions Shutting off utilities, removing doors, or hauling out someone’s belongings while they are away all count as illegal evictions, even against a squatter who has no legal right to be there. An owner who takes any of these shortcuts can face a lawsuit from the very person they are trying to remove.
Two Federal Complications
Bankruptcy. If a squatter files for bankruptcy, a federal automatic stay can freeze your eviction. Timing matters. If you already have a final judgment for possession before the bankruptcy petition is filed, the stay generally does not block you from proceeding.11Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay If you have not yet obtained a judgment, the bankruptcy filing freezes everything until the bankruptcy court acts.
Military service. Before any court enters a default judgment against a defendant who did not appear, federal law requires the plaintiff to file an affidavit stating whether the defendant is in the military or that the plaintiff was unable to determine military status.12Office of the Law Revision Counsel. 50 USC 3931 – Default Judgments Under the Servicemembers Civil Relief Act If the squatter turns out to be an active-duty service member, the court must appoint an attorney to represent them before entering any default judgment. File the affidavit even if you are confident the occupant is not in the military; skipping it can get a judgment thrown out later.