Property Based Torts Flashcards
Conversion
Occurs when a defendant:
1) Intentionally commits an act
2) Depriving plaintiff of possession of chattel, or to deprive the plaintiff of use of chattel
3) Intended to exercise control over particular chattel’
SUPER SERIOUS deprivation!
Damages = Full value of proeprty
What is a private nuisance?
A private nuisance is a thing or activity that substantially and unreasonably interferes with another individual’s use or enjoyment of land.
Anyone with** possessory rights in real property, or members of that person’s household** may bring a nuisance claim.
What is a substantial interference re: private nuisances?
A substantial interference is one that would be offensive, inconvenient, or annoying to an average, reasonable person in the community. The interference must be more than fleeting or trivial.
A person with special sensitivities can recover only if the average person would be offended, inconvenienced, or annoyed.
What is an unreasonable interferences?
The interference is unreasonable if it effectively renders the land unavailable for ordinary use or enjoyment by the possessor and either
(i) is a per se nuisance
(ii) does not comport with customs/expectations/common activities
(iii) results from failure to use reasonable care,
(iv) causes physical damage to land/fixtures,
(v) is motivated by malice.
What is a public nuisance?
A public nuisance is an unreasonable interference with a right common to the general public—i.e., health, safety, or property rights of the community.
A private-party plaintiff can recover on a public nuisance claim only if her harm differs in kind from that suffered by members of the general public.
What are the defenses to a nuisance claim?
1) Laches
2) Unclean Hands(?)
Trespass to Land tort
Trespass to land occurs when the defendant’s intentional act causes a physical invasion of the land of another.
The defendant need only have the intent to enter the land (or to cause a physical invasion), not the intent to commit a wrongful trespass.
What is the Private Necessity defense to Trespass to Lands?
Private necessity is a qualified privilege to protect an interest of the defendant or a limited number of other persons from serious harm when the interference is reasonably necessary to prevent such harm.
However, the property owner is still entitled to actual damages.
But cannot get nominal, punitive, or use force to eject.
ESSAY TIP: Is someone liable for damages if they raise the public necessity defense?
No!
So long as actions were reasonable or had reasonable relief necessity existed.
What is a prescriptive easement?
Requires:
1) Hostile
2) Continuous
3) Open and Notorious
4) For statutory period
What is the Takings Clause?
The Takings Clause of the Fifth Amendment provides that private property may not be taken for public use without fair compensation.
The Fourteenth Amendment makes the Takings Clause applicable to the states.
What is required to have standing for a Takings Clause case?
1) Property Interest
2) Property is Taken
3) Argue that it is not for public use
4) No just compensation
What is Trespass to Chattels?
1) Intentional interference
2) Tangible person property
3) Using, taking possession
4) Depriving use or value
Damages limited to compensation for loss in value, or cost of repair.
