Baltimore, MD asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland

Q: Is Adverse Possession And And Squatting Two Different Things And Is Lottering Trespassing Breaken In Entey ( BNE )

The Same As Or As In Squatting Or Adverse Possession

3 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Criminal Law Lawyer
  • Knoxville, TN

A: Squatting is a slang term for the legal status of Adverse Possession. Anything to do with Trespassing is not Adverse Possession because the Defendant is cognizant that someone else is entitled to exclusive possession of the premises.

1 user found this answer helpful

Richard Sternberg
Richard Sternberg
Answered
  • Real Estate Law Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: Adverse possession is AFTER the required number of years of possession of a property openly adversely continuously and hostilely. Before that, it is squatting, and, if they call the cops, it's trespassing, and, if you get charged criminally after entering by "breaking the close," (which has a technical, legal meaning), it is B&E. In other words, the policy of the law is not to invite you to trespass, but if you are openly occupying something like an open field, and you fence it, farm it, sell the produce in town, and throw the bird at the title owner when he tells you to get lost, but he does nothing to protect his title, and you do that continuously for something like 15-21 years depending on the state, his disinterest in protecting his rights by putting you in prison has barred his chance for suing to get his land back.

Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Real Estate Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Squatting is simple trespass- one is residing where they have to legal or titled right. Adverse possession is a cause of action. One asserting the cause of action in court must make certain proof in order to persuade a court to award legal title.

A squatter has no rights, but may, at some point, become a plaintiff in an adverse possession case. Prior to accrual of the requisite time period, a squatter may simply become "the defendant" in a trespass or ejectment action by the titled owner.

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