Maryland Notice to Trespasser Requesting that Trespassing be Discontinued

State:
Multi-State
Control #:
US-02590BG
Format:
Word; 
Rich Text
Instant download

Description

Trespass to land is an unjustifiable interference with the possession of land. Trespass to land is an unjustifiable interference with the possession of land. It is actionable whether or not there is damage to the land, and whether or not the trespasser intended to trespass.

How to fill out Notice To Trespasser Requesting That Trespassing Be Discontinued?

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FAQ

Can I remove a trespasser from my property? If someone is considered to be trespassing, the first call of action is to ask them to leave. If the person refuses, then a landowner is allowed to use 'reasonable force' to remove them.

The Trespasser Responsibility Act provides that land possessors owe no duty of care to trespassers and are not liable for harms to trespassers except in limited situations that are recognized in the common law of most states.

If the trespasser does not leave within a reasonable time and it would appear to a reasonable person that the trespasser poses a threat to the property or the occupants, the occupant may use reasonable force to make the trespasser leave.

Who can sue? The person who has ?immediate and exclusive? possession of the land that has been subject to trespass can sue. Possession refers to occupation or physical control of the land (this may or not be the legal owner of the property ? eg. it could be the tenant in commercial property).

Halsburys Laws of England (Paragraph 1400, Volume 45, 4th Edition) states that: ?If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary. '

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Maryland Notice to Trespasser Requesting that Trespassing be Discontinued