Intentional torts to property

Question 1

Trespass to land

Answer 1

Rule: intentional act that causes a physical invasion of P’s land and interferes with P’s possessory interest in the land

Intent: purpose or knowledge.

• Mistake is NOT a defense
• note that D need not intend their own entry - can intend for someone else to enter

Entry

• D enters or causes something/someone else to enter the land
• also counts if D enters lawfully then refuses to leave when required
• or if D fails to remove/eject from P’s land when a legal duty exists

P’s land: anyone in possession can bring claim (landlord, tenant, adverse possessor)

Remedies: nominal damages, full extent of harm caused, ejectment

Question 2

Trespass to chattels

Answer 2

D interferes with P’s chattel, causing damages

Intent: purpose or knowledge

• only need to intend the physical act - not the trespass
• mistake is NOT a defense

Interference: use or borrowing w/o authorization

Actual damages: unlike trespass to land, this is an element
- damage to the chattel not necessary, but some kind of damage is - cost of remedy?

Remedies:

• damages: cost of repair, market value, punitive if D is particularly bad actor
• replevin: get personal property returned

Question 3

Conversion

Answer 3

Intentional act by D exercising dominion or control over P’s chattel, that causes destruction of or serious/substantial interference with the chattel

Intent: purpose or knowledge.
- Mistake NOT a defense; liable even if in good faith

Dominion and control
- IF original tortfeasor can’t be found, can sue a bona fide purchaser

Destruction or serious/substantial interference
- more significant than trespass to chattel

Remedies

• forced sale: price is fair market value at TIME CONVERTED
• replevin: P gets property back