Statute of Limitations for Trespass to Real Property in Maryland

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Maryland, a lawsuit for trespass to real property is generally subject to a 3-year statute of limitations. This time limit is governed by Maryland’s general limitations statute for civil actions, located at Md. Code, Cts. & Jud. Proc. § 5-106.

DocketMath’s statute-of-limitations tool (the “calculator”) is designed to help you apply that 3-year period to a specific set of dates—especially the date of the alleged entry or other wrongful physical intrusion and the date the lawsuit was filed.

This post focuses on how the rule works, what inputs matter, and which legal doctrines commonly affect timing (without offering legal advice).

Limitation period

The general rule: 3 years

Maryland’s general SOL period is:

• 3 years for civil actions under Md. Code, Cts. & Jud. Proc. § 5-106

For a trespass claim, the key timing question is usually: when did the trespass occur (or when was it otherwise “discovered,” if a discovery-type concept applies under the applicable framework)? Maryland’s general statute is typically triggered by the date the claim accrues—commonly tied to the wrongful act itself for many trespass situations.

How courts commonly think about “when the clock starts”

While this is not legal advice, the practical mechanics often look like this:

• Start date (accrual/incident date): the date of the physical intrusion (e.g., fence entry, entry onto land, unauthorized removal of property).
• End date (deadline): 3 years from the start date, measured in calendar terms.

If you’re preparing a timeline, gather:

• Date(s) of entry or intrusion (sometimes multiple dates)
• Date(s) of any removal or continued presence
• Date the dispute escalated (not always legally decisive, but useful for organizing facts)

One incident vs. continuing harm

Trespass can involve a single event or repeated intrusions. If there are multiple intrusions on different dates, your filing deadline may depend on which alleged conduct you are anchoring the claim to. In practice, that often means:

• If you file based on one discrete entry, the SOL often runs from that entry date.
• If you file based on later, separate entries, those later dates may affect the SOL calculation.

Key exceptions

Maryland’s general 3-year period can be affected by doctrines that either delay when the limitations clock starts or toll (pause) the running time. The jurisdiction data provided here identifies the governing general statute but does not list claim-type-specific trespass exceptions. Still, you should know the types of exceptions courts commonly analyze in SOL disputes.

1) Discovery-related timing (case-specific)

Some civil claims apply a discovery concept—where the clock starts later than the date of the wrongful act. Whether and how discovery applies depends on the cause of action and accrual rules the court uses. For trespass, the accrual concept often tracks the intrusion itself, but a “discovery” argument may come up in specific factual patterns (for example, hidden or latent intrusion, or disputes about when notice occurred).

2) Tolling (pausing) events

Tolling can occur when the law recognizes a barrier to filing. Examples can include certain legal disabilities or other statutory tolling provisions. Whether any tolling doctrine applies depends on the facts and the relevant statute sections (not just § 5-106 by itself).

3) Equitable considerations (rare and fact-driven)

Equitable arguments sometimes appear when one side allegedly prevented timely filing or engaged in conduct affecting fairness. Courts evaluate these arguments based on jurisdictional standards and the specific circumstances.

Statute citation

Maryland’s general statute of limitations for civil actions:

• Md. Code, Cts. & Jud. Proc. § 5-106
  General SOL period: 3 years

The jurisdiction data used for this page reflects:

• General SOL Period: 3 years
• General Statute: Md. Code, Cts. & Jud. Proc. § 5-106
• Source: https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-5-106/?utm_source=openai

Use the calculator

DocketMath’s statute-of-limitations tool helps you translate the 3-year rule into a practical deadline using your dates: /tools/statute-of-limitations.

Inputs to use

Check your facts and enter the relevant dates:

• Jurisdiction: US-MD (Maryland)
• Claim type: trespass to real property (the tool will apply the default general SOL, because no claim-type-specific sub-rule was found in the provided jurisdiction data)
• Start date (incident/accrual date): the date of the alleged trespass event you are anchoring the claim to
• Filing date (or “today’s date” for an estimate): the date you plan to file (or the date you want to measure against)

What the output typically shows

Depending on the tool settings, you should expect results like:

• Calculated deadline date (start date + 3 years)
• Time remaining (if the filing date is before the deadline)
• Potential expiration status (if the filing date is after the deadline)

How output changes with your inputs

Use these “what-if” checks:

• If you change the start date (e.g., from an earlier entry date to a later separate entry date), the deadline moves by the same amount of time.
• If you change the filing date, the tool’s “timely vs. expired” result changes immediately once your filing date crosses the deadline.

Example timeline logic (illustrative mechanics):

• Start date: January 15, 2023 → SOL deadline: January 15, 2026 (based on a 3-year count)
• Filing date: December 1, 2025 → likely within the general period
• Filing date: February 1, 2026 → likely outside the general period

Ready to run your dates through the tool? Use /tools/statute-of-limitations.

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison