Intentional Torts to Property Flashcards
Trespass to land - key elements
Intent to Physical invasion
Of the plaintiff’s real property
Trespass to land - physical invasion
The invasion may be by a person or object like throwing a baseball under. The plaintiff. Land is a trespass. If intangible matter, for example, vibrations or odor enters, the plaintiff may have a case for nuisance, but not for trespass since those things are not considered physical.
Trespass to land - real property
Real property includes not only the surface, but also airspace and subterranean space for a reasonable distance. Note that the trespass claim belongs to the person with the right possess the property, and not necessarily the owner, meaning that if you enter a rented apartment without permission, the tenant has a claim against you, not the landlord.
Trespass to land - intent
The defendant need intend only to enter onto that particular piece of land. The defendant need not know whether the land belong to another.
Trespass to land - damages not required
The plaintiff can recover without showing actual injury to the land.
Trespass to chattels - key elements
Act by the defendant that interferes with the plaintiff right of possession in chattel
Trespass to chattels - two types of interference
The interference may either be an intermeddling (that is, directly damaging the chattel) or dispossession (that is, depriving the plaintiff of their lawful right of possession of the chattel)
Trespass to chattels - actual damages required
Actual damages, not necessarily to chattel, but at least to a possessory right, are required. 
Trespass to chattels - intent required
Intend to trespass isn’t required. Intent to do the act of interference is all that is needed. The defendants mistaken belief that they own the chattel is no defense.
Conversion - key elements
Act by the defendant that interferes with the plaintiffs right of possession in chattel
Interference is serious enough in nature or consequences to warrant that the defendant pay the chattels full value 
Conversion - acts of conversion
Acts of conversion include wrongful acquisition (theft), wrongful transfer, wrongful, detention, and substantially changing, severely damaging, or miss using a chattel.
Conversion - intent required
As with trespass to chattels, mistake as to ownership is no defense. The only intent required is the intent to do the act that interferes with the plaintiff right of possession. 
Conversion - seriousness of interference
The longer the withholding and the more extensive the use, the more likely it is to be conversion. Less serious interference is trespass to chattels.
Conversion - subject matter of conversion
Only tangible personal property and intangibles that have been reduced to physical form such as a promissory note are subject to conversion.
Conversion - remedies
The plaintiff may recover damages, fair market value at the time of the conversion, or possession (replevin)
