Module 3 - Intentional Torts to Property

What are the key elements of trespass to land?

1. Physical invasion2. Of the plaintiff's real property

What constitutes a physical invasion for trespass to land?

The invasion may be by a person or object (e.g., throwing a baseball). Intangible matter (vibrations, odor) is not considered physical and may be a nuisance, but not trespass.

What is included in "real property" for trespass to land?

Real property includes the surface, airspace, and subterranean space within a reasonable distance. The claim belongs to the person with the right to possess the property (e.g., a tenant).

Does a defendant need to know they are trespassing to be held liable for trespass to land?

No. The defendant need only intend to enter onto the land, even if they do not know it belongs to someone else.

Are damages required to recover for trespass to land?

No. The plaintiff can recover without showing actual injury to the land.

What is the key element of trespass to chattels?

An act by the defendant that interferes with the plaintiff's right of possession in a chattel.

What are the two types of interference for trespass to chattels?

1. Intermeddling (damaging the chattel)2. Dispossession (depriving the plaintiff of lawful possession).

Does the defendant need intent to trespass to be liable for trespass to chattels?

No. Intent to do the act of interference is required, but mistaken belief of ownership is not a defense.

Are actual damages required for trespass to chattels?

Yes. Actual damages are required, but they do not have to be to the chattel itself—damages to a possessory right suffice.

What are the key elements of conversion?

1. Act by the defendant interfering with the plaintiff's right of possession in a chattel2. The interference is serious enough to warrant full value compensation.

What acts can constitute conversion?

Wrongful acquisition, wrongful transfer, wrongful detention, substantially changing, severely damaging, or misusing a chattel.

Is intent to convert required for liability?

No. Intent to do the act that interferes with possession is required, but mistaken ownership is not a defense.

What factors determine the seriousness of interference in a conversion case?

The longer the withholding and the more extensive the use, the more likely it is to be conversion. Lesser interference is trespass to chattels.

What types of property are subject to conversion?

Only tangible personal property and intangibles reduced to physical form (e.g., promissory notes).

What remedies are available for conversion?

The plaintiff can recover damages (fair market value at the time of conversion) or possession (replevin).

What is the main difference between trespass to chattels and conversion?

Small harm = Trespass to chattelsBig harm = Conversion