Intentional Torts to Property

Question 1

What are the elements for trespass to land?

Answer 1

(a) physical invasion by person or object
(b) of P’s real property
(c) D intends deliberate act of entering particular piece of land (not an intent to trespass)

Trespass claim can be brought by person with right to possess property, like tenant (not always the owner)

Physical invasion: doesn’t include intangible matter, like vibrations/odor
* Ex. Throwing baseball onto P’s land is trespass

Real property: includes land surface, air, and soil (subterranean space) within reasonable distance

Intent: D needs to intend the deliberate act of going onto the land but D doesn’t need to know land is private and that he’s trespassing
* Ex. D has heart attack and falls onto my front lawn. No deliberate intent to fall there, so no trespass.

Question 2

What can P recover for trespass?

Answer 2

P can recover without showing actual injury to the land

Question 3

What are the elements of trespass to chattel?

Answer 3

(1) D’s act interferes with P’s right of possession in a chattel
* Interference: damages chattel or takes chattel away

(2) D intends act of interference (not intent to trespass)

Interference:
* (a) Damages chattel (intermeddling)
* (b) Deprives P of lawful right to possess chattel (dispossession)

Mistake of fact (D reasonably believes he owns chattel) is NOT a defense

Question 4

What can P recover for trespass to chattel vs. conversion?

Answer 4

Trespass to Chattels: P must show actual damages (not necessarily to chattel, but at least to possessory right)

Conversion: Damages (FMV at time of conversion) or Possession (replevin)

Question 5

What are the elements of conversion?

Answer 5

(1) D’s act that interferes with P’s right of possession in chattel
(2) D intends act of interference (not intent to trespass)
(3) Interference is serious enough in nature or consequence to warrant that D pay chattel’s full value (conversion-specific element)

Acts: Wrongful acquisition (theft), wrongful transfer, wrongful detention, or substantially changing, severely damaging, or misusing chattel
* Seriousness of interference: the longer chattel is withheld/the more it’s used, the more likely it’s conversion

Mistake of fact (D reasonably believes he owns chattel) is NOT a defense

Chattel = tangible personal property + intangibles in physical form (ex. promissory note)

Question 6

Trespass to Chattels vs. Conversion

Answer 6

Both are intentional interference with personal property
* Interference causes small harm = trespass to chattels
* Interference causes big harm = conversion

Remedies
* Trespass to chattel: actual damages
* Conversion: full FMV of property (conversion operates as forced sale)

Question 7

Trespass to Chattels vs. Conversion Review