Intentional Torts to Property

Question 1

Rule for Trespass to Land

Answer 1

One who intentionally enters or causes entry upon the land of another is liable for damages even if no harm is done to the land. Entries above or below the surface can subject one to liability and the P may recover parasitic damages.

Question 2

Elements of Trespass to Land:

Answer 2

1) Intent to enter or to cause entry 
          No intent required 
          Mistaken entry does not
          remove trespass 
          Property entry but refusal 
          to leave satisfies entry and 
          trespass 
2) Actual Entry 
3) Damages (Presumed) 
         Can recover nominal 
         damages even if there is 
         no actual damages 
         Entry must be aggravated to
         cause emotional distress to 
         recover parasitic damages.

Question 3

Rule for Conversion or Trover

Answer 3

An intentional exercise of control over P’s chattel which is so serious as to justify D to pay its full value

Question 4

Elements of conversion or trover

Answer 4

1) Intent to exercise control over the property of another (even if the control is accidental, it is enough)
2) Interference with P’s possessory rights.
3) Damages (Presumed and almost always full value of the chattel at the time of conversion)

Question 5

Rule for Trespass to Chattels:

Answer 5

Intentional interference with P’s chattel by contact or dispossession impairing its condition or value..

Question 6

Elements for Trespass to Chattels:

Answer 6

1) Intent to interfere with exclusive possession (mistaken interference is enough)
2) Interference with Chattel (not permanent interference, unless there is damage)
3) Damages (nominal, just the value of temporary interference. If the chattel is damaged, it is the full value.)