Intentional Torts Against Property

Intentional Torts Against Property

Overview

Intentional torts are divided into torts against people and torts against property. The main intentional torts against property are:

  • Trespass to Land
  • Trespass to Chattels
  • Conversion

Trespass to Land

The prima facie case for trespass to land requires proving the following elements:

  1. Physical Invasion: A physical invasion of plaintiff's real property by the defendant.
  2. Intent: The intent to bring about a physical invasion (intent to enter the land).
  3. Causation: The defendant's intentional act causes the physical invasion of the plaintiff's land.
Physical Invasion
  • Definition: Any physical entry onto the land.
  • Examples:
    • Walking onto the land.
    • Throwing an object onto the land.
    • Chasing someone onto the land.
    • Causing someone to veer onto the land.
  • Extent of Land:
    • The surface of the land.
    • The space that can reasonably be used above the land.
    • The space that can reasonably be used below the land.
  • Non-Examples:
    • Seismic vibrations.
    • Smells.
Intent
  • Requirement: Only the intent to enter the land is required, not the intent to trespass.
  • Mistake: The trespasser need not know the land belongs to someone else. Mistake is not a defense.
    • Example: Using an alley believing it to be public when it is private property still constitutes intent.
Causation
  • Definition: The defendant's actions must cause the physical invasion.
    Example: Samantha looked at the car, looked at the lawn, stepped on the lawn, thus she caused it.
Additional Considerations
  • Plaintiff's Status: The plaintiff need not be the owner of the land but must be in actual or constructive possession of the land.
  • Transferred Intent: Applies to this tort.
  • Damages: Damages are not required to prove trespass to land.
    • Nominal damages (e.g., one dollar) may be awarded even without actual damages.
    • If the trespass is continuous, an injunction may be issued to prevent future trespasses.

Trespass to Chattels

Chattels are personal property (i.e., property that is not land).

The prima facie case requires proving the following elements:

  1. Act of Interference: An act by the defendant that interferes with the plaintiff's right to possess their chattel.
  2. Intent: Intent to perform the act of interference.
  3. Causation: The defendant's act causes the interference.
  4. Damages: Actual damages to the plaintiff.
Act of Interference
  • Types:
    • Dispossession: Interfering with the rights of the possessor to have their chattel.
      • Example: Taking someone's baseball so they cannot use it for a day.
    • Damage to the property (Intermeddling).
      • Example: Scratching someone's car.
Intent
  • Requirement: The intent needed is the intent to do the act of interference, not necessarily the intent to damage or deprive someone of use.
  • Mistake: Mistake is not a defense. If the defendant intends to take the chattel, it is sufficient even if they mistakenly believe they have a right to do so.
    • Example: Taking a car from a repair shop without paying the full bill, even if the owner believes they have a right to do so, constitutes trespass to chattels if the shop has a legal right to retain the car.

Conversion

Conversion involves the same prima facie case as trespass to chattels, but the interference must be more serious.

  • The seriousness requires the defendant to pay the fair market value of the chattel.
Seriousness of Interference
  • The interference must be serious enough to warrant the defendant paying the fair market value of the chattel.
  • Examples:
    • Extensive damage to the chattel, regardless of whether or not the chattel is rendered worthless.
    • Keeping the chattel for an extended period of time, greatly reducing its value to the possessor.
Damages
  • The defendant may be forced to purchase the chattel from the plaintiff at its fair market value as compensation for the interference.