How Can You Stop Minors from Trespassing On Your Property

[mattyw81]

My question involves real estate located in the State of: Maryland

Back story:
My wife and I built a new home in Maryland in Oct 2014. We purchased our 2 acres of property in 2013. We are surrounded by lots of similar size, ranging from 1 acre up to almost 5. We were the last to break ground and while the two properties to our rear were also under construction, we took the time to send letters to all neighbors with our contact information, etc. Everyone reciprocated with their contact info but one home to our rear (hereafter referred to as Family M).

Because almost all of our neighbors had electric dog fences, and our dog is older and not likely to be able to learn, we were going to fence a portion of our yard. We had the entire length of our rear property line staked every 75 ft. by a surveyor. No more than 3 days after moving into our home, I caught the husband of Family M pulling the surveyor placed wood markers we planned to reference for our fence install. I confronted him asking politely why he was removing our stakes. He asked why we needed them and I told him we were putting in a fence. He was very abrupt and erratic (may have been drinking), put one or two back, yelled "nice to meet you" and returned to his home. I later found a pile of 8-10 stakes near the main road. Our fence was installed later that week and was setback more than 30 ft from the property line.

Because of this incident we knew the rear property line may be a problem over time. We invested in (40) 6' Leyland cypress trees, setback 10-15 ft from the property line to define our entire property. These trees were placed not only along Family M's yard but along several others. Our interactions were zero with Family M for the majority of the winter, aside from a few snow storms where I saw their kids bending some of the trees to the ground to watch them spring back and fling the snow off of them. I was a kid once, I get it - not something I would have done, but the trees seemed to be fine so we let it go.

As spring came another neighbor to our rear learned Family M's playset was built halfway on their property. We also finally met Family M's wife as one evening our dog was out in our fenced yard going to the bathroom. She came 50 or so feet into our yard and stuck her hands through the metal mesh of our fence to pet our dog. We spoke with her briefly and re-introduced ourselves since she was more civil, but still not very friendly.

We soon after learned her husband had moved out (cheating) and that the intention was to sell the house. The summer was very quiet until the last month. Her kids are back living at the house and riding motor bikes all through our tree line, across our septic field, down to our road access and back, sometimes back through other trees or through another neighbor’s front yard. I took some video of how close they were coming to various hazards (ditches, septic lids, trees, tree stakes, etc) in hopes it would provide evidence if I ever needed it. To protect my newest and most expensive landscaping I put temporary fencing around some areas facing their property. It didn't stop them, they just ride around it. One day I was even mowing the grass on the septic field and had to swerve my riding mower as one of the kids went by me.

Monday while I was working from home they were doing it in the middle of the day. I went out on the porch to see where they were because they were extra close to our garage and fence this time and they proceeded to yell at me several times and continued doing it mockingly. Now every time they ride through (almost nightly) they glare at our house to see if we are watching. These kids are ages 8 and 11 at best and are never wearing helmets. I know better than to try and talk to the kids because I don't want to be implicated for something they say I said.

My major concern is that my wife is 4 months pregnant and after a year of fertility treatment, we really don't need a lawsuit. I don't want to ask the kids to stop, because it’s clear that won’t do any good if they yell at me for being on my own porch. The mother apparently has not done anything after being notified by the other neighbor the play-set needs to be moved. I can’t afford to fence the entire 2 acre property. I could add some more temporary fencing and no trespassing signs, but I don’t know if that will incite more activity.

Ultimately my concerns are:

1. If I haven’t expressly granted permission to ride motorbikes on our property, do they stand a chance in court if one of their kids is injured say on a septic lid or landscaping?
2. Am I granting permission by not issuing a formal request to stop?
3. Is it within reason to protect my landscaping with temporary fencing until they leave and not have to worry about injury on that as well?
4. If I were to find any of our property damaged, does video of them riding on our property do me any good or do you have to have the actual act of damage on video?
5. Do ‘no trespassing’ signs offer any legal protection in Maryland?
6. Is the best approach to do nothing additional?
7. I don't want to waste the police's time, but should I notify them?

Thank you so much for your help and advice.

[budwad]

1. If I haven’t expressly granted permission to ride motorbikes on our property, do they stand a chance in court if one of their kids is injured say on a septic lid or landscaping?

Answer: Yes, you also did nothing to stop it either.

2. Am I granting permission by not issuing a formal request to stop?

Answer: You are acquiescing to the trespass and creating a liability for yourself.

3. Is it within reason to protect my landscaping with temporary fencing until they leave and not have to worry about injury on that as well?

Answer: A temporary fence can also be a hazard and if they get injured on your property they will have a claim against you.

4. If I were to find any of our property damaged, does video of them riding on our property do me any good or do you have to have the actual act of damage on video?

Answer: Video evidence of the trespass and or damage can be admissible in court with the proper foundation. But you are knowingly allowing the trespass to continue. see answer 2.

5. Do ‘no trespassing’ signs offer any legal protection in Maryland?

Answer: Notice of private property with no trespassing is considered notice to the trespassers to not trespass. You can then file charges after notice is given.

6. Is the best approach to do nothing additional?

Answer: The best thing you can do is to exert your property rights and stop the motorbike riding on your property. Notify the mother that it will not be tolerated anymore, post some signs, and if it continues, call the police.


7. I don't want to waste the police's time, but should I notify them?

Answer: You won't be wasting their time. That is what they get paid to do.

It will be too late to do anything about the trespass after someone get hurt or damages your property to cry foul.

[HRinDEVON]

I agree if you don't put a stop to it and some child gets hurt....everyone will point the finger at you!

I would be quite liberal with no trespassing signs, perhaps some video cams , and calling police and following up

From one MD risk management site :
Criminal trespass is when the property is clearly posted with no trespassing signs that can be reasonably seen (Md. Crim. Law Code Ann. § 6-402(a)(1)) or according to Department of Natural Resources regulations that allow for a paint mark indicating no trespassing to be used on trees (Md. Nat. Res. Code Ann. § 6-402(a)(2)). So how many signs should you hang? To answer that question, first walk the property. Decide on areas that will allow a sign to be clearly seen (not hidden) in multiple directions if possible

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Trespassing is a tort..and parents of minors can be held accountable for the damages cause by torts of thier kids...but it seems important to put the parents on clear notice of the acts of their kids and not to trespass. It may not be easy to identify every'kid/parent....but if you put some parents on clear notice it may help?

[mattyw81]

Thank you both for the constructive feedback. Friday I was mowing the grass and had to stop to avoid hitting the one kid on the motor bike. Having read your responses I figured it was worth saying something to the mother. She conveniently was outside. I politely told her it was a huge liability for them to be riding through our property and asked it stop immediately. She looked shocked but simply said "Ok." I thanked her and continued mowing the lawn.

I guess now I will install some signs and have set the precedent to call the police if it continues.

[HRinDEVON]

lest people debate you signs were hard to read or not in right places, I might deliver written notices to relevant neighbors as well?