22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
Trespass to Land or Property Interest
This page discusses the civil tort of
trespass.For information concerning
criminal trespassing charges, click here:Criminal Trespass.
trespass occurs when a person physically enters onto another person’s property
in an unlawful manner without the owner’s consent.It does not matter whether the entry upon the
land was intentional or accidental.It
does not require that the owner of the land suffered any injury or damage as a
result of the entry.A property owner
can recover nominal damages, such as one dollar, where a trespass occurs and no
damages are sustained.A trespass action
can be asserted by a non-owner who has a possessory interest, such as a tenant.
measure of actual damages for a trespass is fact-specific.Where the trespass is committed by the
defendant occupying real property, damages can be assessed based on the fair
market rental value of the property occupied.Where a structure or other improvement is destroyed, the damages can be
measured by the value of the improvement, or by the cost to rebuild or repair
actions commonly occur in relation to misplaced fences, gardens, sheds and
other items of personal property on or near a boundary line.A trespass action is a typical way to resolve
an issue involving a boundary dispute.
plaintiff can recover punitive damages against a trespasser if the trespass is
committed with actual malice.
is no claim for trespass, nuisance, or even negligence, based on a neighbor’s
encroaching trees.A neighbor may
however rely on self-help and cut the tree or growth back to the property
information contained on this page is provided as general information and does
not constitute legal advice.The
experienced attorneys at Baldwin, Briscoe & Steinmetz, P.C. can assist you if you have
questions concerning trespassing.We’d
be happy to sit down with you and review your situation and provide appropriate
advice.Call today for a no-obligation
The Law Offices of Baldwin, Briscoe & Steinmetz, P.C. also offers these
With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.