Q: (Is It A Hate Crime) If The Owner Breaks Into The Land That Is By Adverse Possession. And And Changes The Locks.
Can I File Criminal And Civil Charges Against The Owner Of The Land/Building I Adverse Possess. I Changed All The Locks And Put A New Chain And Lock On The Gate. But The Owner Keeps Breaking In And Changing The Locks. That Is A Hate Crime Based On (Law!) ? And .... ....
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Justia US Law US Codes and Statutes Maryland Code 2010 Maryland Code CRIMINAL LAW TITLE 10 - CRIMES AGAINST PUBLIC HEALTH, CONDUCT, AND SENSIBILITIES Subtitle 3 - Hate Crimes Section 10-304 - Harassment; destruction of property.
View the 2019 Maryland Code | View Previous Versions of the Maryland Code
2010 Maryland Code
TITLE 10 - CRIMES AGAINST PUBLIC HEALTH, CONDUCT, AND SENSIBILITIES
Subtitle 3 - Hate Crimes
Section 10-304 - Harassment; destruction of property.
§ 10-304. Harassment; destruction of property.
You have got to be kidding, right? First, a hate crime involves "race, color, religious beliefs, sexual orientation, or national origin," and you mentioned none of the above. Second, if you are breaking and entering on the property of another, it is you who is: "damag[ing] the real or personal property of that person; (iii) defac[ing], damag[ing], or destroy[ing], attempt[ing] to deface, damage, or destroy the real or personal property of that person..." Third, as I think I've answered you before, adverse possession is a defense, not a claim. If you have possessed openly adversely continuously and hostilely for, in Maryland, 20 years. Then, when the owner tries to obtain court process to eject you, you have a defense. I didn't read it all the way through, but this looked like a good layman article. <https://www.heymanfirm.com/legal-resources/maryland-adverse-possession-quiet-title-lawyer/>. The only legal arguments I see from the limited facts you provided are: 1) self-help is prohibited in Maryland, so, if you became a tenant at sufferance, the title owner cannot remove you without court process; and 2) there has been a ban on evictions due to Covid for a while. If, however, you are merely a trespasser, the owner may protect his land without violence. To get to the details, you need to find the money for a consult with a lawyer to review the facts, but this shouldn't be a problem, since you've been poaching on someone else's land instead of paying rent. If you can't afford counsel, local law schools often have free landlord & tenant clinics.
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Anthony M. Avery agrees with this answer
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