Torts Against Property Flashcards
Trespass to Land Rule
Intentional act that causes a physical invasion of P’s land and interferes with P’s possessory interest in the land.
Trespass to Land Intent
▪ D desired to enter the land/caused something to enter, or
▪ D knew that land entry was substantially certain to result.
EXAMPLE: Irene is driving around and gets lost in an unknown area. She sees Dennis standing on the sidewalk. Irene pulls over and asks Dennis for directions to the freeway entrance. Dennis says to take his dirt road to the end, and make a left. Property doesn’t belong to Dennis, but to Prince who has hidden cameras. Prince finds Irene on his property and sues her for trespass. Prince will recover because Irene intended to enter that land and Dennis intended to get Irene to enter the land.
Is mistake a defense for trespass to land?
NO
Trespass to Land: Entry
▪ D enters or causes someone/something to enter the land.
▪ D enters the land lawfully but then refuses to leave when required.
▪ D fails to remove/eject from P’s land when under legal duty to do so.
EXAMPLE: Darla fires a gun across Pete’s property. This constitutes trespass because the bullet crossed P’s property.
Who can bring a claim for trespass to land?
Anyone in possession can bring a claim (landowner, tenant, adverse possessor).
(EX) Darla thinks she is crop dusting her own land but the pesticide lands on Owen’s land. Owen has leased the property to Tom. Tom can bring a trespass to land action because he is in possession of the land. If permanent damage occurred, Owen would have a claim.
Remedies for Trespass to Land
o Nominal damages available.
o D is liable for full extent of harm caused by the trespass.
o Restitutionary remedy of ejectment: Action brought by P to have D removed from property
EXAMPLE: Irene is driving carefully across the dirt road, hits a pothole and loses control of her car. She hits an azalea bush worth $15,000. She is liable for this destruction because it occurred while she was trespassing.
Trespass to Chattels Rule
D interferes with P’s chattel, causing damages.
Trespass to Chattels Intent
▪ D intentionally performs the physical act that interferes with P’s chattel.
▪ Liable even though D did not intend to trespass.
Is mistake a defense for trespass to chattels?
NO
EXAMPLE: Dale is leaving a restaurant and takes a blue denim jacket, believing it is his but it actually belongs to Paul. This is sufficient to create intent for trespass to chattels.
Trespass to Chattels: Interference
Uses or borrows without authorization.
Trespass to Chattels: Actual Damages
REQUIRED ELEMENT (unlike trespass to land)
Actual damages to the chattel itself are not necessary; however, actual damages would include the value of loss of use of the chattel during a dispossession or the cost to remedy an intermeddling.
Trespass to Chattels: Remedies
o Damages: Cost of repair, fair market rental value, and potentially punitive damages if D is a particularly bad actor (willful, wanton, or malicious conduct).
o Replevin: Get back personal property of which one has been wrongfully dispossessed.
Conversion Rule
Intentional act by D, where D exercises dominion or control that causes the destruction of, or serious and substantial interference with, P’s chattel.
Conversion: Intent
MISTAKE IS NOT A DEFENSE - D is liable even if acting in good faith.
EXAMPLE: Dale takes Paul’s jacket and loses it. Paul sues for conversion and Dale is liable because he had the purpose to exercise dominion and control over the jacket and, by losing it, there is a serious and substantial interference. Dale would have to pay fair market value.
Conversion: Destruction or Serious/Substantial interference
the exercise by D of dominion and control over the chattel.
▪ Interference with P’s property interest is more significant than trespass to chattel. Longer period of interference and greater use by D leads to conversion.
