I. [§ 3.10] Trespass To Possessory Interest

JurisdictionMaryland

I. [§ 3.10] TRESPASS TO POSSESSORY INTEREST

Trespass is not limited to "land." Rather, it includes "possessory interests." See Royal Inv. Grp., LLC v. Wang, 183 Md. App. 406, 961 A.2d 665 (2008); Mitchell v. Balt. Sun Co., 164 Md. App. 497, 883 A.2d 1008 (2005). The court in Mitchell explained:

In order to prevail on a cause of action for trespass, the plaintiff must establish: (1) an interference with a possessory interest in his property; (2) through the defendant's physical act or force against that property; (3) which was executed without his consent. Ford [v. Balt. City Sheriff's Office], 149 Md. App. [107,] 129 [(2002)] (citing Richard J. Gilbert & Paul T. Gilbert, Maryland Tort Law Handbook § 8.2 (Michie 3d ed. 2000)). Because appellees do not argue otherwise, we will assume
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