Takoma Park, MD asked in Civil Rights, Criminal Law, Federal Crimes and Real Estate Law for Maryland

Q: Can The Owner Of Land Call The Police / Unlawful Detainer Regarding Adverse Possession

Regarding Adverse Possession Or (Adverse Possession Squatting Rights And And Is Trespassing Loitering BNE Under Adverse Possession Or Squatting Rights

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: A person occupying or upon property they do not own and does not leave when asked, or returns after being told not to come on the land, is trespassing, and if that same person opens and enters any structure or building on the land, regardless of whether they were told not to be on the property, has committed the crime of breaking and entering at the very least. A claim for adverse possession only arises if the person gets away with their behavior openly and notoriously claiming the property as their own for 20 continuous years without interference or objection of the lawful owner, and anything short of that can be criminally prosecuted with no defense available based on adverse possession.

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