Trespass to Land and Chattel

Question 1

Trespass to Chattel

Answer 1

1. intentionally interfering
2. with the chattel possessed by another
3. resulting in some actual damage to the chattel or protected interest
   - Partial damage to chattel or its interest.
   - must be physical harm to the chattel or some obstruction to its basic function.
   - can be converted to intangible thing

Question 2

Conversion

Answer 2

involves damages so extensive that the defendant must compensate for its full market value.
- can occur when D intends to keep it in opposition to plaintiff’s right of possession, even if no damage has been caused.
- being dispossessed not actionable unless refused on request for chattel back.
- have an invading right to have your chattel when you want.

Question 3

Trespass to Land

Answer 3

1. Intentionally causing
2. entry
3. onto the real property of another
   Trespass to land occurs when an actor intentionally causes entry onto the land of another.
   * tangible object entry

Question 4

Liability for Intentional Intrusions on Land

Answer 4

1. intentionally
2. enters the land in the possession of another or causes a thing or a third person to do so or;
3. remains on the land; or
4. fails to remove from the land a thing that which he is under a duty to remove.

Question 5

Mistake of Fact for Trespass to Land?

Answer 5

Does not apply, that is removed/ignored – and between the two innocent parties you have to pay. – very common people say they didn’t know.

Question 6

Authorization and Permission RE Land

Answer 6

o Can be limited in scope, time, and place, and withdrawn at any time.
o Implied scope of the permission given.

Question 7

Damages in Trespass

Answer 7

• not required but it would include physical damages that were a direct result of the entry.

Question 8

Trespass to Land: Nuisance

Answer 8

Not actionable unless there was an invasion of the use and enjoyment of the property. land (i.e. noise, odor, lights); it does not involve physical invasion of the land. There is a higher burden that the plaintiff must prove here than in the typical trespass case. Courts usually require some sort of actual damage, do not require a physical invasion of land and take into account the social utility of the defendant’s activity.