Harms to Personal Property and Land

Question 1

What is a private nuissance?

Answer 1

Substantially and unreasonably interferes with another’s enjoyment of the and.

• Offensive/annoying to a normal person in the community.
• Interference is unreasonable if injury outweighs usefulness.
• Does not require physical invasion
• Obstruction of light is not a private nuisance.

Defenses

• Regulatory compliance (not a complete defense, but evidence)
• Coming to nuisance is not a defense, but evidence.

Question 2

What is a public nuissance?

Answer 2

Unreasonable interference with a right common to public.

Harm to private citizen must be different in kind than the harm suffered by everyone else.

Question 3

What is conversion?

Answer 3

Intentionally commits an act depraving the plaintiff of possession of her chattel or inventory in a manner so serious as to deprive the plaintiff of use of chattel.

Transferred intent does not apply.

Factors to distinguish from trespass:

• Duration and extent
• Intent to assert a right inconsistent with the rightful possessor
• Lack of good faith
• Expenses and inconvieience to plaintiff
• Extent of harm

Can recover full value.

Question 4

What is trespass to land?

Answer 4

Intentional act causes physical invasion of plaintiff’s land. Only needs intent to enter land, does not need to know it belongs to another.

Physical objects entering land can still count (hitting a baseball. But note: MUST BE INTENTIONAL).

Necessity as a Defense

• Private: Qualified privilege or reasonably necessary to prevent serious injury resulting from nature or other force not connected with property owner. Can recover actual damages however.
• Public: Absolute privilege. Requires reasonable belief.

Question 5

What is a trespass to chattel?

Answer 5

Intentionally interferes with plaintiff’s right of possession by either; dispossession or intermeddling.

Actual harm must be shown.

May recover diminution of value and cost of repair.