Harms To Personal Property & Land Flashcards
What is trespass to chattels?
An intentional interference with the plaintiffs right to possession of personal property either by:
- dispossessing the plaintiff of the chattel, or
- using or intermeddling with the plaintiff’s chattel, or
- damaging the chattel.
What intent is required for trespass to chattels?
- only the intent to do the interfering act is necessary
- defendant need not have intended to interfere with another’s possession of tangible property.
- mistake about the Legality of the action is not a defense
What is needed to prove damages in a trespass to chattel cause of action?
A plaintiff may recover for:
1) The actual damages caused by the interference; and
2) The loss of use
- The circumstances of use or intermeddling, the plaintiff may recover only when there are actual damages
- The plaintiff may be entitled to compensation for the diminution in value or cost to repair.
What type of invasion needs to happen for there to be a trespass to land?
A Physical Invasion
*Intentional flooding the land, throwing rocks onto it,or intentionally emitting particulates into the air over the land will suffice.
*The defendant’s failure to leave a plaintiff’s property after lawful right of entry has expired is a physical invasion.
*May be committed above or below the surface.
What does a plaintiff need to show for damages?
No Proof of actual damages is required.
What is a defense to Trespass to land?
Private Necessity
Public Necessity
What is Private Necessity?
A qualified privilege to protect an interest of the defendant or a limited number of people.
What type of damages can the property owner recover when a defendant raises the defense of private necessity?
Only Actual damages.
Cannot recover nominal or punitive damages nor can he use force to eject.
When can you raise a Private Necessity Defense?
If the interference was reasonably necessary to prevent a threatened injury from nature or another force not connected with the plaintiff.
What is a Public Necessity?
Private property may be intruded upon or destroyed when necessary to protect a large number of people from public calamities, such as the spread of a fire, the spread of a disease, or the advance of a hostile military force.
What damages can a private owner recover when the defendant raises the defense of Public Necessity?
No damages can be recovered so long as the defendent acts reasonably, he is not liable for any damage to the property.
* He is not liable even if the original entry was not necessary, as long as he reasonably believed that the necessity existed.
What is a Private Nuisance?
A thing or activity that substantially and unreasonably interferes with another individual’s use or enjoyment of his land.
What is a substantial interference?
One that would be offensive, inconvenient, or annoying to a normal, reasonable person in the community.
Can a person with special sensitvities recover if the average person would be offended, inconvience, or annoyed?
Yes
What is an unreasonable interference?
If the injury caused by the defendant outweighs the usefulness of his actions.
