Intentional Torts to Property

Trespass to Land Testable Elements

(1) Physical invasion (2) of the plaintiff’s real property. Plus intent and causation.

Trespass to Land Physical Invasion

The invasion may be by a person or an object (such as a thrown baseball). If intangible matter such as vibrations or an odor enters, P may have a case for nuisance but not trespass

Real Property

Real property includes not only the surface, but also the airspace and subterranean space for a reasonable distance. The trespass claim belongs to the person with the right to possess the property, not necessarily the person who owns the property.

Trespass to Land Intent

Defendant need intend only to enter onto that particular piece of land. Defendant need not know that the land belonged to someone else.

Trespass to Land Damages Recoverable

P can recover without showing actual injury to the land, but this is usually limited to nominal damages, if anything.

Trespass to Chattels testable elements

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

Trespass to Chattels Types of Interference

Intermeddling (directly damaging the chattel) or dispossession (depriving P of their lawful right of possession)

Trespass to Chattels Intent

Intent to trespass is not required, only the intent to commit the act that causes the interference. Defendant’s mistaken belief that they own the chattel is not a defense.

Trespass to Chattels Damages Recoverable

Actual damages, either to the chattel itself or the possessory right, are required.

Conversion Testable Elements

Conversion requires (1) an act by the defendant that interferes with the plaintiff’s right of possession in a chattel; and (2) interference that is serious enough in nature to warrant that the defendant pay the chattel’s full value

Acts of Conversion

Acts of conversion include theft (or wrongful acquisition); wrongful transfer; wrongful detention; and substantially changing, severely damaging, or misusing a chattel

Conversion Intent required

Mistake of ownership is no defense. The only intent required is the intent to do the act that interferes with the plaintiff’s right of possession.

Conversion Seriousness of Interference

The longer the period of withholding or the more extensive the use, the more likely it is to be conversion.

Subject Matter of Conversion

Only tangible personal property or intangibles that have been reduced to physical form (such as a promissory note) are subject to conversion

Conversion Remedies

Plaintiff may recover damages (fair market value at the time of conversion; aka trover) or possession (replevin).