Intentional Interference with Property

Question 1

trespass to land

Answer 1

the D (1) intentionally enters the victim’s land without permission, (2) remains on the victim’s land, even after initial consent, without permission or (3) places or refuses to move an object from the victim’s land

Question 2

entry of land

Answer 2

trespass to land requires that the trespasser either desired to enter or was substantially certain that entry would result

Question 3

what are the elements of entry to land

Answer 3

airspace (enters immediate airspace and flight substantially interferes with the P’s use and enjoyment) Damages (entitled to nominal damages and actual damages for any provable injury and differs from nuisance (trespass to land deals with an interference with possession of land while nuisance deals with exclusive use and enjoyment

Question 4

remaining on land

Answer 4

a party is not liable for trespass so long as the owner of the property permits presence on the land. if the party is told to leave or is on the land for a time longer than explicitly told he becomes the trespasser

Question 5

objects on land

Answer 5

a party who places or leaves an object on a victim’s land without permission is liable for trespass. particles and gasses are included

Question 6

trespass to chattel

Answer 6

the D’s actions are an (1) intentional (2) interference with another’s use or possession of a chattel that (3) cause actual damages

Question 7

intent for trespass to chattels

Answer 7

trespass to chattels requires that the D intended to or had substantial certainty that he would interfere with the victim’s property

Question 8

interference of trespass to chattel

Answer 8

requires that the D have caused a dispossession of property or minor damages to it. this differs from conversion b/c conversion deals with loss or damages so severe that the defendant must pay the full value of the item; trespass to chattels cases deal have less substantial damage

Question 9

what are the actual damages to trespass of chattel

Answer 9

chattel is impaired to condition, possessor is deprived of the use of chattel for a substantial time, or harm is caused to the possessor or to some person or thing in which the possessor has a legally protected interest

Question 10

is mistake a defense to trespass?

Answer 10

No! still liable even if acting in good faith