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Maine Notice to Trespasser to Personal Property for Reimbursement for Damage due to Trespass

Category:
Civil Actions - Notices
State:
Multi-State
Control #:
US-02586BG
Format:
Word; 
Rich Text
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Description

Trespass to personal property may be defined as intentionally dispossessing another of the property, or using or intermeddling with the property in the possession of another. One may be guilty of such trespass under the following conditions:

" He dispossesses the other of the property, or

" The property chattel is impaired as to its condition, quality, or value, or

" The possessor is deprived of the use of the property for a substantial time, or

" Bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.

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FAQ

The elements of trespass are: (1) the plaintiff's ownership or control of the property; (2) the defendant's intentional, reckless, or negligent entry onto the property; (3) lack of permission for the entry or acts in excess of permission; (4) harm; and (5) the defendant's conduct was a substantial factor in causing the ...

Criminal trespass in Maine is knowingly entering a dwelling place, locked structure. Further, criminal trespass includes when one enters any place from which that person may lawfully be excluded and that is posted. 17-A M.R.S.A. § 402.

?A person is guilty of criminal mischief if that person intentionally, knowingly, or recklessly damages or destroys the property of another, having no reasonable grounds to believe that the person has a right to do so; damages or destroys property to enable any person to collect insurance proceeds for the loss caused; ...

Someone can walk through the woods to get to a lake, look at the lake, and walk back. But a person cannot, except for the permissive access custom, swim or fish from the shore. Nor can that person make use of recreational rights on the lake without being able to get to the lake with a car, canoe, or boat.

We are often asked by landowners that if they post their property to restrict access if they can still legally hunt their property. The answer is yes. The landowner does still need to purchase a Maine hunting license and abide by all applicable hunting rules and regulations.

Consent is a common defense against trespassing. If the property owner permitted you to enter the property, you did not trespass.

If any person unlawfully enters or trespasses upon nonreserved public land while that land is under the care, custody, control or management of the bureau by cutting, destroying, taking or carrying away any trees, timber, wood, grass or other materials under or upon those lands without the express written consent of ...

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