Harms of Property Interests

Question 1

What are the elements of trespass to chattels? Does Intent, Mistake of law or Fact change anything? Damages?

Answer 1

Intentional interference with P’s right of possession by either
-> dispossessing or
using or intermeddling with P’s chattel

Only intent to do the act is necessary -> transferred intent applies

Mistake of law or fact is not a defense

Damages
-> actual, loss of use, and nominal damages; no loss of use damages without dispossession; compensation for diminished value or cost of repair

Question 2

What is conversion?

Answer 2

It’s an intentional act:
-> must only intend to commit the act that interferes (intent to damage not necessary)
-> mistake not a defense
-> transferred intent does not apply: must intent to control the particular chattel

Interference with P’s right of possession (exercising dominion or control)

So serious (based on duration/extent, intent to assert a right, D’s good faith, extent of harm and P’s inconvenience) that it deprives P of the use of the chattel

Damages (full value of property or replevin)

Question 3

How does trespass to land work?

Answer 3

Intent to enter land or cause physical invasion, not to trespass; transferred intent applies

Physical invasion of property

Proper P - anyone in actual or constructive possession of land

Necessity as defense to trespass
-> Private - a qualified privilege for limited number of people to enter or remain on land to protect own person/property from serious harm; not liable for trespass but responsible for actual damages
-> Public - an unqualified/absolute privilege to avert imminent public disaster; not liable for damage if actions reasonable or reasonable belief that necessity existed, even if initial entry not necessary

Question 4

How does private nuisance work?

Answer 4

Substantial and unreasonable interference with another’s use or enjoyment of his land
-> proper P - anyone with possessory rights in real property or members of that household
-> interface must be intentional, negligent, reckless, or result of abnormally dangerous conduct
-> substantial - offensive to average reasonable person in the community (objective)
-> unreasonable - effectively renders the land unavailable for ordinary use, is a per se nuisance, does not comport with customs/expectations, results from failure to use reasonable care, causes physical damage to land/fixtures, or is motivated by malice

Question 5

What are the defenses to private nuisance?

Answer 5

Regulatory compliance -> incomplete defense; admissible but not determinative

Coming to the nuisance -> does not entitle D to judgment as a matter of law but jury may consider

Question 6

What does the failure to abate natural conditions means?

Answer 6

D is liable when the natural conditions creates risk of harm, risk is known/obvious, D fails to take steps to address risk, AND the natural condition causes substantial and unreasonable interference with P’s land.

Question 7

What is a public nuisance?

Answer 7

Unreasonable interference with a right common to the general public; defenses in private nuisance generally applicable

Proper P - private citizen suffering harm different in kind from general public but tends to be a representative of the general public (e.g. a government official)

Question 8

What are the remedies to a nuisance?

Answer 8

Damages, injunctive relief (balance the equities)

Question 9

How does abatement work in nuisances?

Answer 9

Private nuisance
-> reasonable force permitted to abate, must give D notice of the nuisance and D refuses to act then you can use reasonable force to abate

Public nuisance
-> absent unique injury, public nuisance may be abated only by public authority