Intentional Torts to Property

Question 1

Trepass to Land

Answer 1

• The key testable elements for trespass to land are:
  (1) Physical invasion
  (2) Of the P’s real property

Question 2

Trespass: Physical Invasion

Answer 2

• The invasion may be by a person or object (for example,
  throwing a baseball onto the plaintiff’s land is a trespass).
• If intangible matter (for example, vibrations or odor) enters, P may have a case for nuisance, but not for trespass since those things are not considered physical.

Question 3

Trespass: Real Property

Answer 3

• Real property includes not only the surface, but also airspace and subterranean space for a reasonable distance
• Note that the trespass claim belongs to the person with the right to possess the property, and not necessarily the owner, meaning that if you enter a rented apartment without permission, the tenant has a claim against you, not the landlord.

Question 4

Trespass Intent

Answer 4

• D need intend only to enter onto that particular
  piece of land.
• D need not know that the land belonged to another.

Question 5

Trespass: Damages Not Required

Answer 5

• P can recover without showing actual injury to the land.

Question 6

Trespass to Chattels

Answer 6

• The key testable element for trespass to chattels is:
  (1) Act by D that interferes with P’s right of possession in a chattel

Question 7

TTC: 2 Types of Interference

Answer 7

• The interference may either be an intermeddling (that is, directly damaging the chattel) or a dispossession (that is, depriving P of their lawful right of possession of the chattel).

Question 8

TTC: Intent Required

Answer 8

• Intent to trespass isn’t required; intent to do the act of interference is all that is needed.
• D’s mistaken belief that they own the chattel is no defense.

Question 9

TTC: Actual Damages Required

Answer 9

• Actual damages—not necessarily to the chattel, but at least to a possessory right—are required

Question 10

Conversion

Answer 10

• The key testable elements for conversion are:
  (1) Act by D that interferes with P’s right of possession in a chattel
  (2) Interference is serious enough to warrant that D pay the chattel’s full value

Question 11

Acts of Conversion

Answer 11

• Acts of conversion include wrongful acquisition (theft), wrongful transfer, wrongful detention, and substantially changing, severely damaging, or misusing a chattel.

Question 12

Conversion: Intent Required

Answer 12

• As with trespass to chattels, mistake as to ownership is no defense; the only intent required is the intent to do the act that interferes with the P’s right of possession.

Question 13

Conversion: Seriousness of Interference

Answer 13

• The longer the withholding period and the more extensive the use, the more likely it is to be conversion.
• A less serious interference is trespass to chattels.

Question 14

Subject Matter of Conversion

Answer 14

• Only tangible personal property and intangibles that have been reduced to physical form (for example, a promissory note) are subject to conversion.

Question 15

Conversion: Remedies

Answer 15

• P may recover damages (fair market value at the time of conversion) or possession (replevin).