Legal Question in Real Estate Law in Maryland

Our house has been toilet-papered three times in the past 2 weeks. We even had to get someone to come and take it off our roof, and took days to clean up. We have been told by the police (we live in Montgomery County MD) that it is NOT a crime to commit this act as there is no permanent damage to the property. Is this true, and if we have knowledge (confessions) of who did this, do we have any recourse?


Asked on 1/05/11, 12:33 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Whoever has been TP'ing your house is committing criminal trespass by either entering your property and/or launching items into your property. It is causing damage that you have to clean up. The MCPD apparently doesn't think the situation is serious enough to warrant their time and attention. The more you persist, you more likely you are to get help from the authorities.

Your other option is to hire an attorney and SUE the individuals for civil trespass (as opposed to criminal trespass) in Court. It certainly would help to have witnesses, videos, pictures, and any receipts for the cost of the clean-up.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 1/10/11, 12:51 pm
Cedulie Laumann Arden Law Firm, LLC

To clarify the above post, there are two different types of trespass. Typically one needs to post or warn individuals to not trespass before their entry onto your property amounts to criminal trespass in Maryland. So if you have a "no trespassing" sign on the edge of your yard and someone enters onto the property it may well change the criminal analysis.

You are encouraged to consult with an attorney to review the specific facts of your situation and to map out possible action.

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Answered on 1/12/11, 8:03 am


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