Trespass to land and Chattel

trespass to land

intentional, unlawful, physical invasion of which the plaintiff is the rightful owner or has rightful exclusive possession and control

intent to trespass

is related to the performance of an an act that happens to result in invasion

unlawful invasion

without the plaintiff’s consent or some other overriding legal privilege

physical invasion

the plaintiff physically enters the property, physical objects also count

Chattel

legal term for personal property

conversion of chattel

intentional exercise of near-total owner type dominion or serious interference with the rights of the true owner

dominion

the defendant intentionally must deal with the chattel as it belonged tot he defendant

mistake is…

not a defesne to conversion of chattel

Interference to chattel must be

so severe that it would be fair to force the defendant to pay the plaintiff the full value of the chattel

trespass to chattel

the seriousness of interference with the plaintiff’s right and the chattel and it is not enough to rise to conversion

elements to trespass to chattel

dispossessing the rightful owner and using or meddling with the chattel