Trespass of Property in Maryland

In Maryland, trespass is a civil tort defined as “a physical act or force against an individual’s property executed without the property owner’s consent; which interferes with a possessory interest in that property.” (Ford v. Baltimore City Sheriff’s Office).

Maryland property disputes can be complicated, but trespass is a rather simple property cause of action. In Maryland, a party can recover damages whenever another party interferes somehow with the property owner’s use or interest in their property. Further, trespass in Maryland can occur even if the property owner suffered no damages. As examples: If a person walks into your backyard without authorization, a trespass can occur. If a person cuts down a tree on your property, a trespass can occur. If a person throws garbage onto your property, a trespass can occur. If a person drives their truck onto your property, a trespass can occur. If construction equipment on your neighbor’s property enters your property, a trespass can occur. Often, trespass claims are part of property line disputes between neighbors.

It is also important to note that, as the Maryland Court of Appeals has stated, with regard to trespass in Maryland, “[t]he intentions of the defendant are simply not material” thus, a trespass can occur and be property actionable regardless of whether the intrusion at issue was done intentionally or a negligently. (Ford v. Baltimore City Sheriff’s Office).

Property lawsuits and legal disputes over property rights and real estate are difficult problems that many property owners face in Maryland. Property disputes in Maryland can include property access/property line disputes (such as fence disputes, adverse possession, tree disputes, and tree damage), property ownership disputes, and property liability disputes (for example, trespass). Generally, Maryland property disputes such as trespass are very fact specific, and these property disagreements can include various tenants of law. A Maryland trespass attorney can assist clients in resolving property disputes involving trespass.

Adam Van Grack and Longman & Van Grack’s litigation attorneys regularly handle different types real property disputes , fence laws and adverse possession, tree disputes, and tree damage lawsuits in many courts throughout Maryland, including Montgomery County Circuit Court (in Rockville), Frederick County Circuit Court, Prince George’s County Circuit Court (in Upper Marlboro), and Howard County Circuit Court (in Ellicott City). If you would like to discuss a trespass concern or other property dispute matter with a property dispute attorney, call Adam Van Grack today at (301) 291-5027 to schedule a consultation in our Bethesda or Rockville, Maryland offices.