Property Torts

Question 1

What are the four torts harming property interests?

Answer 1

1. Trespass to chattels
2. Conversion
3. Trespass to land
4. Nuisance

Question 2

Define trespass to chattels

Answer 2

The intentional interference with P’s right to possession by either: i) dispossessing; or ii) using or intermeddling with P’s chattel.

Question 3

What is the remedy for trespass to chattels?

Answer 3

Compensation for diminished value or cost of repair

Question 4

What are the three elements of conversion?

Answer 4

1. An intentional act
2. That interferes with P’s right of possession
3. So serious that is deprives P of the use of the chattel

Question 5

What is the remedy for conversion?

Answer 5

Damages: the full value of the property or replevin

Question 6

What are the two elements of trespass to land?

Answer 6

1. Intent to enter land or cause physical invasion; and

2. Physical invasion of property

Question 7

What is the private necessity defense to trespass to land?

Answer 7

Private necessity is a qualified privilege for limited number of people to enter land to protect their own person or property from harm. The person claiming privilege is not liable for trespass, but has to pay actual damages.

Question 8

What is the public necessity defense to trespass to land?

Answer 8

Public necessity is an absolute privilege to avert imminent public disaster. The person claiming the privilege is not liable for damage if actions reasonable or if there is a reasonable belief that public necessity existed.

Question 9

Define private nuisance (4 elements)

Answer 9

Private nuisance is a:

i) substantial and
ii) unreasonable
iii) interference with
iv) another’s use or enjoyment of land.

Question 10

What is the standard of intent for an interference under nuisance?

Answer 10

The interference must be intentional, negligent, reckless, or the result of abnormally dangerous conduct.

Question 11

What is the standard of substantial interference under nuisance?

Answer 11

Substantial interference means it is offensive to an average person in the community

Question 12

What is the standard of unreasonable interference under nuisance?

Answer 12

Unreasonable interference means the harm outweighs the usefulness of the conduct

Question 13

What is public nuisance?

Answer 13

Public nuisance is an unreasonable interference with a right common to the general public and the P suffers a particular harm

Question 14

What are the remedies for nuisance?

Answer 14

Damages
Injunctive relief
Abatement

Question 15

What can a P do to abate a private nuisance? Public nuisance?

Answer 15

For a private nuisance, the P can use reasonable force to abate, but must give D notice of the nuisance and D refuses to act in reasonable amount of time.
For a public nuisance, absent unique injury, public nuisance may be abated only by public authority