Intentional Torts to Property

Question 1

what are the two elements of trespass to land (in addition to intent/causation)?

Answer 1

1) physical invasion
2) of the plaintiff’s real property

Question 2

what is a “physical invasion” for trespass to land purposes?

Answer 2

an invasion by either a person or an object (NOT intangibles like odors or sounds)

Question 3

true or false: the defendant must be aware they are intruding on plaintiff’s property to be liable.

Answer 3

FALSE (don’t have to be aware it’s plaintiff’s prop when moving on land, just have to move intentionally)

Question 4

what is “real property” for trespass to land purposes?

Answer 4

includes the surface, the airspace, and subterranean space (all for a reasonable distance)

Question 5

who will have a valid claim of trespass to land?

Answer 5

only the person with the right to possess the property (not necessarily the owner)

Question 6

true or false: a plaintiff can recover for trespass to land even if there’s no actual damage to the land.

Answer 6

TRUE (actual damages not required)

Question 7

what is trespass to chattels?

Answer 7

an act by the defendant that interferes with the plaintiff’s right to possession of a chattel

Question 8

what is the remedy for trespass to chattels?

Answer 8

defendant pays damages

Question 9

what are the two types of interferences sufficient for trespass to chattels?

Answer 9

1) intermeddling (directly damaging the chattel), or
2) dispossession (depriving person of their right to possess the chattel)

Question 10

what kind of intent is required for a defendant to be liable for trespass to chattels?

Answer 10

only the intent to DO the act of interference (intent to trespass is NOT required)

Question 11

true or false: a defendant’s mistaken belief that they own the chattel IS a defense to trespass to chattels.

Answer 11

FALSE (only intent required is the intent to do the interfering act, not required to knowingly trespass)

Question 12

what kind of damages must be shown to recover for trespass to chattel?

Answer 12

damage to right to possession (not necessary to show damage to chattel)

Question 13

what is conversion? (2 elements in addition to intent/causation)

Answer 13

1) act by defendant that interferes with the plaintiff’s right of possession in a chattel, AND
2) the interference is serious enough in nature or consequences to force the defendant to pay the chattel’s full value

Question 14

what are the 2 remedies for conversion?

Answer 14

defendant pays plaintiff full market value of chattel at the time of conversion (special damages) OR plaintiff gets chattel back (replevin)

Question 15

what are some sufficient acts of conversion?

Answer 15

• wrongful acquisition (theft)
• wrongful transfer
• wrongful detention
• substantially changing, severely damaging, or misusing a chattel

Question 16

true or false: the defendant’s mistaken belief that they own the chattel IS a defense to conversion.

Answer 16

FALSE (need only intend to do the interfering act, not necessary to intend to convert)

Question 17

how do we tell the difference between a trespass to chattel and conversion?

Answer 17

the longer the withholding period and the more extensive the use, the more likely it is to be a conversion
**TLDR: big harm = conversion, small harm = trespass to chattels

Question 18

what kinds of property are subject to conversion?

Answer 18

tangible personal property and intangibles that have been reduced to physical form (ie – promissory note)

Question 19

what is a “chattel”?

Answer 19

personal property (not real estate)