Intentional Torts to Property

Question 1

Trespass to Land - Key Elements

Answer 1

• physical invasion
• of pl’s real property
• intent + causation too

Question 2

Trespass to Land - Physical Invasion

Answer 2

• may be by a person or object
• intangible matter doesn’t count for trespass (more likely nuisance)

Question 3

Trespass to Land - Real Property

Answer 3

• includes surface as well as airspace+ subterranean space for a reasonable distance
• trespass claim belongs to the person with the right to possess the property (not necessarily the owner -> if you enter rented apt w/o permission, the claim would belong to tenant, not landlord)

Question 4

Trespass to Land - Intent

Answer 4

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

Question 5

Trespass to Land - Damages

Answer 5

• actual damages not required
  -> don’t need to show actual injury to the land

Question 6

Trespass to Chattels - Elements

Answer 6

• act by def that interferes w/ pl’s right of possession in a chattel

Question 7

Trespass to Chattels - Kinds of Interference

Answer 7

May be:
- intermeddling (directly damaging the chattel) OR
- dispossession (depriving pl of lawful right of possession of the chattel)

Question 8

Trespass to Chattels - Intent

Answer 8

• intent to trespass not required
• intent to do the act of interference is sufficient
  -> def’s mistaken belief they own the chattel is not a defense

Question 9

Trespass to Chattels - Damages

Answer 9

• actual damages ARE required
• BUT doesn’t necessarily need to be damage to the chattel (could just be damage to a possessory right)

Question 10

Conversion - Key Elements

Answer 10

• act by the defendant that interferes w/ pl’s right of possession in a chattel
• interference is serious enough in nature or consequences to warrant that def pay the chattel’s full value

Question 11

Acts of Conversion

Answer 11

Include:
- wrongful acquisition (theft)
- wrongful transfer
- wrongful detention
- subtantially changing, severely damaging, or misusing a chattel

Question 12

Conversion - Intent Required

Answer 12

• mistake as to ownership is no defense
• the only intent required is the intent to do the act that interferes w/ pl’s right of possession

Question 13

Conversion - Seriousness of Interference

Answer 13

• the longer the withholding period + more extensive the use, the more likely it is to be conversion
• LESS serious interference is trespass to chattels

Question 14

Conversion - Subject Matter

Answer 14

• only tangible personal property and intangibles reduced to physical form (ex: a promissory note) are subject to conversion

Question 15

Conversion - Remedies

Answer 15

Pl may recover:
- damages (fair market value at time of conversion) OR
- possession (replevin)