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My neighbor will not stay off my property. I have asked ...

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My neighbor will not stay...
My neighbor will not stay off my property. I have asked them not to mow our property, not to leave their children toys on our property, or other items such as basketballs, bikes, etc. I understand when you mow that you are on the line, etc., however, the neighbor continues to trespass and I don''t know what to do. Please advise.
Submitted: 9 years ago.Category: Legal
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5/1/2008
Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Attorney & Mediator
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Trespass is a criminal offense. According to the Maryland criminal code, if the person continues to trespass after being told once to stop, then the trespasser can be charged with the crime.

Since your neighbor is not listening to you (properly not taking you serious enough), it is now time to report this to the police for the police to get involved. Hopefully getting charged with the offense will give the neighbor a clue that you are serious. If the neighbor becomes hostle over your legitimate right to report this to the police, you can then proceed with charging her with harassment and can be eligible for an order of protection to cease further contact with the neighbor.

§ 6-403. Wanton trespass on private property.


(a) Prohibited - Entering and crossing property.- A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

(b) Same - Remaining on property.- A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so.

(c) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

(d) Construction of section.- This section prohibits only wanton entry on private property.

(e) Applicability to housing projects.- This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.




§ 3-803. Harassment.


(a) Prohibited.- A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose.

(b) Exception.- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

(c) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.






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Customer reply replied 9 years ago
Reply to LawNinvest's Post: so verbal request to stay off property is accepted?
Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Yes, a verbal request is sufficient as you have placed them on notice.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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