Harms of Property Interests Flashcards
What are the elements of trespass to chattels?
What is the intent needed? Does transferred intent apply?
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
Does mistake of law or fact a defense to trespass to chattel?
No it is not.
What are the damages amount to trespass to chattels?
Damages are:
-> actual damages
-> loss of use (when there has been dispossession)
-> nominal damages
-> compensation for diminished value or cost of repair
What is conversion?
What is the intent needed? Does transferred intent apply?
- It’s an intentional act:
-> must only intend to commit the act that interferes (intent to damage not necessary)
-> transferred intent DOES NOT apply: must intent to control the particular chattel - That deprives P’s right of possession of the chattel (exercising dominion or control) OR interferes with P’s chattel in a manner. SO SERIOUS as to deprive the P of the use of the chattel.
Is a mistake of fact or law a defense to conversion?
No.
What is the value amount of a conversion?
Damages (full value of property or replevin)
What is trespass to land?
Does transferred intent apply?
Who is the proper plaintiff to bring a trespass to land claim against a D?
What damages can a person recover for trespass to land?
- Intent to enter land (on, beneath, or above land)
-> no need for intent to trespass
-> transferred intent applies
OR
- Cause physical invasion of property
Proper P - anyone in actual or constructive possession of land
Damages
-> IF harm to land - actual damages
-> IF NO harm to land - nominal damages
What is a private necessity defense to trespass to land?
What is a public necessity defense to trespass to land?
Private necessity
-> 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 necessity
-> 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
Does the property owner have the privilege to remove trespasser’s property form his land, when the trespasser placed their property there due to a private or public necessity privilege?
No.
How does private nuisance work?
Who is the proper P?
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
What must the interference be under a private nuisance?
What does substantial mean?
What does unreasonable mean?
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
What are the defenses to private nuisance?
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.
What does the failure to abate natural conditions means?
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.
What is a public nuisance?
Are the defenses in private nuisance generally applicable?
Who is the proper P in a public nuisance claim?
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
OR
-> a representative of the general public (e.g. a government official)
What are the remedies to a nuisance?
-> Damages
-> Injunctive relief (balance the equities)
