Intentional Torts to Property

Question 1

Trespass to Land Prima Facie Case

Answer 1

1) an intentional physical invasion
2) of the land of another

NOTE - the defendant need only to enter onto particular land. The defendant need not know that the land belonged to another.

Question 2

Physical Invasion (Trespass to Land)

Answer 2

The invasion may be made by a person or object (throwing a baseball on someone else’s property is a trespass).

However it does not include intangible matters such as vibrations of odors (but have a case for nuisance)

Question 3

Land of Another (Trespass to Land)

Answer 3

It includes not only the surface, but also the airspace and subterranean space for a reasonable distance.

NOTE - the trespass claim belongs to the person with the right to possess the property and not necessarily the owner of the property. Meaning, if you enter a rented apartment without permission, the tenant has a claim against you, not the landlord.

Question 4

Damages (Trespass to Land)

Answer 4

Damages are not required. The plaintiff can recover without showing an actual injury to the land.

Question 5

Trespass to Chattel Prima Facie Case

Answer 5

1) the intent to do an act by the defendant
2) the performance of an act by the defendant that interferes with the plaintiff’s right of possession in a chattel

NOTE - This is the cause of action when the degree of harm to the chattel is slight

NOTE - the defendant’s mistaken belief that they own the chattel is no defense

Question 6

Types of Interference (Trespass to Chattels)

Answer 6

The interference may either be an intermeddling or a dispossession.

Intermeddling - directly damaging the chattel

Dispossession - depriving the plaintiff of their lawful right to possession in the chattel

Question 7

Damages (Trespass to Chattels) & GA Distinction

Answer 7

MBE - actual damages, not necessarily to the chattel, but at least to a possessory right, are required

GA - GA does not require proof of damages - if a plaintiff proves the other elements, they are entitled to nominal damages

Question 8

Conversion Prima Facie Case

Answer 8

1) the intent to do an act by the defendant
2) the performance of an act by the defendant that interferes with the plaintiff’s right of possession in a chattel; and
3) the interference is serious enough in nature or consequences to warrant the defendant pay the chattel’s full value

NOTE - all that is required is the intent to do the act that interferes with the right of possession. Mistake as to ownership is not defense.

Question 9

Acts of Conversion (Conversion)

Answer 9

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

Seriousness of Interference - the longer with withholding period and the more extensive the use, the more likely it is to be conversion. A less serious interference is trespass to chattels.

NOTE - only tangible property and intangibles that have reduced to physical form (promissory note) are subject to conversion

Question 10

Remedies for Conversion

Answer 10

The plaintiff may recover damages - the fair market value at the time of conversion - or possession (replevin)