This pamphlet provides an overview of no trespass law. Topics covered include civil and criminal trespass, trespass in public housing, and how to prevent trespassing.
Maryland USLegal Pamphlet on No Trespass
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Multi-State
Control #:
US-PMPH-23
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Word;
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You can obtain an interim peace order at the District Court. If the District Court is closed, the petitioner can file a Petition for Peace Order with the District Court Commissioner's office. Commissioner's offices are open and available 24 hours a day, 7 days a week across Maryland.
You must first give them notice, then call the police if they fail to leave. That notice can be in verbal or written form, so the best way to keep trespassers off your property is to post clearly visible no trespassing signs where any potential trespassers will see them.
The crime known as Trespass, Penal Law Section 140.05, reads simply: A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass is considered a violation and not a crime. The maximum punishment is a fine of $250 or up to 15 days in jail.
A person who knowingly enters or stays on another party's property without a legal right to do so has committed a simple trespass. This action is considered a violation, not a crime, in New York. With this type of violation, a trespasser may be liable to the property owner for damages.
Who is allowed to give someone a trespass notice? If you are the occupier of the property (eg, the tenant, licensee or owner), you are entitled to give someone a trespass notice or warning to someone who you do not want on the property.
Trespassing on posted property is a misdemeanor criminal offense in Maryland in which a person willfully enters the property of another without permission and a sign was posted on the property in an obvious manner warning against unauthorized entry.
You must first give them notice, then call the police if they fail to leave. That notice can be in verbal or written form, so the best way to keep trespassers off your property is to post clearly visible no trespassing signs where any potential trespassers will see them.
Maryland law provides that if you post a clearly visible sign on your property that says something like No Trespassing Private Property or No Trespassing Violators Will Be Prosecuted, you have met state law requirements that the owner or his agent must notify persons not to enter the property.
A Trespass Letter of Consent is a document that allows a police officer to immediately act on your behalf and take enforcement action against a person trespassing on your private property without first contacting you.
To serve a notice you simply hand it to the person. If they refuse to accept it and it drops on the ground, it is still considered served. Keep that copy and note down that the person refused to accept the notice. You are required to give a reasonable time for the trespasser to leave.
