Trespass to Land

Trespass to Land Elements:

• an act of physical [..1..]

• of [..2..] by the defendant

invasion, land

For trespass to land, the defendant is liable even if they were [..1..] they crossed a boundary line. The only intent required is the intent to [..2..] in that location

unaware, be

For trespass to land, there is no liability if the entry is […]

unintentional

Physical invasion for trespass to land can be accomplished by the defendant throwing something […] onto plaintiff's land

tangible

For trespass to land—because an object sent onto the land must be a tangible thing—things like [..1..] or [..2..] do not suffice

sound, light

For trespass to land, the physical invasion DOES NOT NEED to cause [..1..]. If none is caused, [..2..] damages may be awarded

harm, nominal

For trespass to land, "land" includes the [..1..] and [..2..] the surface of the property, out to a reasonable distance

air above, soil below

Trespass to chattels and conversion deal with intentional [..1..] with plaintiff's [..2..]

interference, personal property

Personal property is defined as all property other than [..1..] and [..2..]

land, buildings

Interference with personal property can occur if the defendant deliberately:

• [..1..] it or

• [..2..] the plaintiff of possession

damages, deprives

Trespass to chattels and conversion provide private civil damage remedies for [..1..] and [..2..] of personal property

vandalism, theft

The distinction between trespass to chattels and conversion turns on the [..1..] of [..2..]

degree, interference

Trespass to chattels occurs if the interference is relatively [..1..], such as causing minor harm, or involves a [..2..] of possession

small, brief deprivation

Conversion occurs if the harm to personal property is […]

significant

The remedy for conversion allows the plaintiff to recover the item's [..1..] value at the time of [..2..]

full market, conversion