Intentional Torts - Interference with Property Flashcards
Trespass to Land - Definition
intentional unauthorized entry onto plaintiff’s realty. Can be an act which sets a force in motion, i.e., pushing a rock down a hill onto another’s property.
Trespass to Land - Elements
a. Act, i.e., volitional movement.
b. Intent - desire or knowledge with substantial certainty that defendant is entering onto a particular piece of land (Dougherty v. Stepp – surveying). Defendant can be held liable even if he is acting in good faith and reasonably believes he is the owner of the land.
c. Unauthorized entry – includes throwing something, pushing someone, arrange for something or someone to go onto the property of another (order delivery of gravel). Also included remaining on land after the right to be present is terminated (Rogers v. Board of Road Commissioners). Light, sound, and smell are not enough to constitute an entry (but look to nuisance). Particulate matter is sufficient if there is actual damage (Bradley v. American Smelting).
d. Plaintiff’s realty.
(1) Actual possession or right to immediate possession.
(2) Leases. The modern rule is that either the landlord or tenant can bring the action.
(3) Air space (Herrin v. Sutherland). The modern rule is that the property right extends to immediate reaches.
(4) Subsurface.
e. Damages (see battery).
Trespass to Chattels - Definition
intentional interference with plaintiff’s chattel resulting in damage - dispossession or damage to chattel
Trespass to Chattels - Elements
a. Act, i.e., volitional movement – can also include a failure to do something, i.e., return property.
b. Intent - desire or knowledge with substantial certainty that a chattel will be affected by defendant’s conduct. Defendant’s good faith is immaterial (if you mistakenly believe you own the chattel, intent is still present).
c. Interference – does not require actual physical damage. Interference with possessory rights is sufficient.
d. Plaintiff’s chattel – includes both present and future possessory interest.
e. Damages – cost of repair, value of loss of use (CompuServe, Inc. v. Cyber Promotions, Inc.).
Conversion - Definition
intentional interference with plaintiff’s chattel resulting in damage.
Conversion - Elements
a. Act, i.e., volitional movement.
b. Intent - desire or knowledge with substantial certainty that a chattel will be affected by defendant’s conduct. Good faith belief in ownership does not defeat this element.
c. Interference (Pearson v. Dodd).
d. Plaintiff’s chattel.
e. Damages – forced sale which equals the market value at the time of the conversion. An offer to return will mitigate the amount of damage.
