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Tag Archives: trespass

Real Property – Quiet Title — Bulkhead – Deed Reference – Tort/Negligence – Trespass (access required)

Inland Harbor Homeowners Association, Inc. v. St. Josephs Marina, LLC Where defendant’s deed describes the property conveyed to defendant as including “all right, title and interest of the grantors in any bulkheads adjoining Tract One and Tract Two …,” and where we have previously rejected plaintiff’s arguments to the contrary, we hold that defendant owns the bulkhead at issue.

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Tort/Negligence – Real Property – Trespass – Brother’s Land – Sister’s Manufactured Home – Civil Practice – Rule 59 – ‘Surprise’ – Prior Summary Ejectment Action (access required)

Batts v. Batts Even though the plaintiff-brother originally allowed the defendant-sister to put a manufactured home on the brother’s land (for their mother to live in), the trial court found that (1) the brother owns the property on which the manufactured home is located, (2) the brother asked the sister to remove herself and her manufactured home from his property, and (3) the sister refused to remove herself and her home from the brother’s property. The trial court’s findings support its conclusions that the sister was trespassing on the brother’s land and that the brother was damaged by the continued trespass.

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Total damages could top $1 billion in Maryland poisoned-property trial (access required)

A Baltimore County jury has awarded more than $495 million in compensatory damages to residents who sued Exxon Mobil Corp. over a 2006 gasoline leak. At presstime, jurors were still deliberating how much to award plaintiffs in punitive damages. The jury found Exxon Mobil liable for fraud, negligence, nuisance, strict liability, trespass, diminution of property value, emotional distress and medical monitoring. The emotional distress claim included fear of cancer and other serious diseases and fear of loss of property value.

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Tort/Negligence – Real Property – Trespass – Declaratory Judgment – Neighbors’ Fence – Across Property Line – Remedies – Injunction – Removal (access required)

Mathis v. Hoffman After her neighbors mistakenly built their fence on her property, defendant was not entitled to choose her remedy. It was within the trial court’s authority to enter an injunction allowing plaintiffs to move the fence to their own property at their expense. We affirm summary judgment for plaintiffs.

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