Intentional Torts to Property Interests

Question 1

What are the Intentional Torts to Property?

Answer 1

1. TP to Land
2. TP to Chattels
3. Conversion
4. Nuisance

Question 2

What is TP to Land ?

Answer 2

Interference with the int. in exclusive poss. of land (right to exclude)

Question 3

TP to Land - Elements

Answer 3

1. Wrongful Phys. Invasion
2. Of P’s Real Prop
3. Intent
4. Causation

Damages not required - P can recover nominal damages

Question 4

TP to Land - Wrongful Phys. Invasion

Answer 4

• D enters P’s land w/out permission
• D remains on land without right to be there even if orig. entry was rightful OR
• D places tangible obj. on, or refuses to remove from P’s land

If it’s an intangible invasion - It’s a nuisance not a TP

Question 5

TP to Land - Plaintiff’s Real Property

Answer 5

Airspace & Subterraneous Space - Air above & ground below land but only to reas. dist.

Reas. Distance - within a space that owner of prop. can reas. use

Question 6

TP to Land - Intent

Answer 6

1. D desired to enter the land or cause something to enter the land
2. D knew that land entry was substantially certain to result

Question 7

TP to Land - Is a defendant’s mistake a defense to TP to land ?

Answer 7

No, doesn’t matter if the D knows or doesn’t know that the D is TPing

Question 8

Trespass to Land - When Defendant is tresspassing what is the D liable for?

Answer 8

The full extent of their harm caused during their TP

• Whether ot not it is their fault

Question 9

TP to Land - What are the remedies for trespass to land

Answer 9

1. Nominal caused, small sum
2. All harm caused during trespass
3. Ejectment, where sheriff removes someone off their land

Question 10

What is Tresspass to Chattels ?

Answer 10

Int. Interference with a person’s use or poss. of a chattel (tang. pers. prop.)

Question 11

TP to Chattels - Elements

Answer 11

1. Intent
2. Interference with a person’s right of poss. in chattel
3. Causation - D causes harm to P’s prop
4. Actual Damages

Question 12

TP to Chattels - How is intent element satisfied?

Answer 12

D intentionally performs the phys. act that interferes with P’s chattel

• D liable even if he did not intend to TP & is acting in good faith

Question 13

TP to Chattels - Interference with a person’s right of poss. in Chattel

Answer 13

Intermeddling - Phys. Contact Damages Chattel OR

Dispossession - Deprivation of the lawful right to poss. of Chattel

Question 14

TP to Chattels - Damages

Answer 14

There must be actual damages

• Loss of poss., even if eventually returned unharmed, is sufficient for damages

Question 15

TP to Chattels - Remedy

Answer 15

Damages - cost of repair or fair market value for time interfered with

Restitutionary - Replevin where law enforce. mandate is used to get the prop.

Question 16

What is a conversion?

Answer 16

Subst. int. interf. w/ a pers. use or poss. of a chattel

• An int. exercise of dominion or control over chattel that seriously interferes with the right of another to control it
• that the actor may justly be required to pay the other the full value of the chattel

Question 17

What are the elements of conversion?

Answer 17

1. Intent
2. Subst. Interference with P’s right of Poss.
3. So severe that D justly required to pay full value of chattel
4. Causation

Question 18

Conversion - Intent

Answer 18

▵ need only intended to interf. w/ ∏s poss. of the prop.

Question 19

Conversion - Subst. Interf. w/ P’s right of Poss.

Answer 19

Interf. subst. enough to amt. to the ex.of dom. or control

Question 20

Conversion - So severe that D justly required to pay full value of the Chattel

Answer 20

Factors Distinguishing Conversion from Tres. to Chattels - Court Considers:

• Duration
• Good or Bad Faith
• Harm to Prop.
• Inconvenience to Vic

Question 21

Conversion - Remedies

Answer 21

Damages = (Forced Sale) FMV at Time of Conversion BUT ▵ keeps prop

Possession = Replevin - the ∏ can recover possession

Question 22

Conversion - Can a mistake be a defense

Answer 22

Not a defense

• D liable even though he didn’t intend to convert or recog. the legal impact of his action

Question 23

Conversion - How is BFP of a converted asset liable?

Answer 23

If orig. converter sells to another person

• 3d party has satisfied the exercise dominion & control over P’s personal prop.

Question 24

How is the doctrine of continuing trespass applied?

Answer 24

When a pers. takes prop. w/out intent to permanently deprive the true owner and later establishes intent to perm. deprive

• Original taking becomes a larceny