Maine: What Happens If Someone Is Squatting in Your Property and How to Remove Them

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What happens if someone is squatting in a property before it’s sold — and how to get them removed (Maine)

Quick answer

If someone is occupying your property without your permission in Maine, they are an unauthorized occupant. You generally cannot remove them yourself by changing locks or forcibly evicting them. You must determine whether the person is a trespasser, a tenant, or trying to claim rights by long-term possession (adverse possession). The common paths to remove them are: contact law enforcement for criminal trespass (if applicable), or file a civil action (e.g., ejectment/forcible entry and detainer) to obtain a court order and a writ of possession. Legal steps differ if the property is being sold or has been foreclosed. This is a general overview, not legal advice — consult a Maine attorney for case-specific guidance.

Detailed answer — Step‑by‑step: How Maine law treats squatters and how you remove them

1. Identify the occupant’s status

Start by confirming who the occupant is and why they are there. Common categories:

  • Criminal trespasser or squatter: no permission to be on the property.
  • Holdover tenant: someone who once had permission (oral or written) and refuses to leave after permission ended.
  • Person claiming ownership by adverse possession: someone who asserts they have acquired title by long, continuous, and exclusive possession.

Each category triggers different legal options and timelines.

2. Safety and immediate police involvement

If the occupant is committing a crime, acting violently, or creating an imminent danger to people or property, call local police immediately. Police can sometimes remove individuals for criminal conduct or if the person is unlawfully on the premises. Criminal trespass is a state crime and can support immediate removal when law enforcement has probable cause. See Maine’s criminal code on trespass for more information: Maine Revised Statutes, Title 17-A (criminal trespass).

3. If police will not remove the occupant, file a civil action

When the situation is civil (no obvious criminal activity) or police decline to act, the usual path is a courthouse proceeding to secure a legal order removing the occupant. Common civil options include:

  • Ejectment or forcible entry and detainer (summary possession/eviction). This is a court case asking the court to declare your right to possession and to issue a writ of possession that allows law enforcement to remove the occupant legally.
  • Unlawful detainer or replevin-like claims if the occupant is a holdover tenant or is withholding personal property.

Do not try to change locks, remove the occupant’s belongings, or use self-help eviction; Maine law generally forbids self-help for occupants who may have any rights. Doing so risks criminal or civil liability.

4. Evidence you should gather before filing

Collect documentation to prove you are the owner and the occupant is unauthorized: deed/title, sale contract (if relevant), photos of the occupant and condition of the property, communication records (texts, notices, emails) showing no permission or a demand to leave, and proof of any attempts to resolve the situation. Also document dates the occupant arrived and any statements the occupant made about ownership or tenancy.

5. Timeline and court process (what to expect)

Court timelines vary by county. Typical steps:

  1. File a complaint for possession/ejectment at the appropriate Maine court (often the district or superior court depending on the claim).
  2. Serve the occupant with the complaint and a summons.
  3. The court will hold a hearing. If you prevail, the court will issue an order for possession.
  4. After judgment, you may obtain a writ of possession or similar enforcement document, which law enforcement can execute to remove the occupant.

If the occupant files a counterclaim (for tenancy or adverse possession), the process can lengthen and require more factual development.

6. Adverse possession claims

In Maine, like other states, a third party can attempt to claim title by adverse possession if they can show open, notorious, exclusive, continuous, and adverse possession for the statutory period. Those elements are fact‑intensive and require many years of possession. If someone raises or threatens an adverse-possession claim, consult an attorney quickly. Document the actual chain of title and interruptions to any continuous possession.

7. Selling a property while it is occupied

If you are selling the property while someone occupies it, the sale contract should address possession at closing and who will remove occupants. A buyer may decline to close until the property is vacant, or the parties may agree to an escrow holdback to pay for eviction costs after closing. If the property is sold and possession transfers, the new owner typically must pursue ejectment against the occupant unless the sale agreement provides otherwise. Make any occupancy obligations explicit in the sales contract.

8. Foreclosures and tenants/squatters

Foreclosure sales have special rules in some states. Occupants with bona fide leases typically receive some protections; unauthorized squatters usually do not. If you are a purchaser at a foreclosure sale, verify whether occupants are tenants with rights or unauthorized occupants and plan for the corresponding removal process. Consult real estate counsel to understand rights that travel with title in your situation.

9. Costs, timelines, and practical considerations

Costs include court filing fees, service fees, attorney fees if you hire counsel, and potentially sheriff/execution fees to carry out a writ of possession. Expect the fastest removals in clear-cut criminal trespass or uncontested evictions; contested cases (e.g., alleged tenancy or adverse possession) can take months and require more evidence and legal argument.

Key Maine legal resources

These sites provide official forms, court rules, and contact info for local courts. Use them to find the correct court to file your case and local procedures.

Helpful Hints

  • Do not attempt a forcible self‑help eviction (changing locks, removing belongings). That can be illegal and may create liability.
  • Immediately photograph and document who is on the property and any damage. Time-stamped photos help at court.
  • Call police if there is violent or clearly criminal conduct — but expect police to defer to civil courts for quiet possession disputes.
  • Serve a written demand to vacate. Keep proof of delivery (certified mail or process server) to show you tried to resolve the issue.
  • If selling, include clear contract provisions about possession at closing and allocation of removal costs if occupants remain.
  • Talk to an attorney experienced in Maine real estate and eviction law before filing suit or negotiating a sale with occupants present.
  • Act quickly to preserve evidence and interrupt a possible claim of long-term possession. Delay can strengthen a squatter’s adverse-possession defense.

Disclaimer: This article explains general Maine legal concepts and procedures and is for informational purposes only. It does not create an attorney-client relationship and is not legal advice. For advice tailored to your specific situation, consult a licensed Maine attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.