Intentional Torts to Property

Question 1

Trespass to land

Answer 1

1) Physical invasion
–by a person or a tangible object
2) of the P’s REAL property
–P with right to possess
–includes air above and soil beneath (to reasonable distance)

damages not required

Question 2

Intent in Trespass to land

Answer 2

A deliberate act without knowledge of trespass is sufficient.

Question 3

Trespass to Chattels

Answer 3

Act that interferes with the P’s right of possession in a chattel

Damage or theft

Small harm (compared to conversion)

Question 4

Conversion

Answer 4

1) Act that interferes with the P’s right to possession in a chattel
2) Interference is serious enough to warrant D to pay FULL VALUE of chattel
–market value, not just cost to repair

Damage or theft

Big harm (tress to chat)