Intentional torts - Harms to property interests

Learning Outcomes

This article reviews the intentional torts affecting property interests: trespass to land, trespass to chattels, and conversion. It details the specific elements required for each tort, including intent, causation, and damages, and outlines key defenses such as necessity. After reading this article, you will be able to identify the elements of these property torts and distinguish between them, enabling you to apply these concepts effectively to MBE questions.

MBE Syllabus

For the MBE, you are required to understand the intentional torts that interfere with rights in both real and personal property. This includes analyzing the specific elements and available defenses for each tort. You should be prepared to:

  • Identify the elements of trespass to land, including the required intent and the nature of the physical invasion.
  • Distinguish trespass to chattels from conversion based on the degree of interference.
  • Analyze the elements of conversion, including the required intent and the types of acts constituting conversion.
  • Understand the remedies available for conversion, including damages and replevin.
  • Apply the defense of necessity (public and private) in the context of trespass to land or chattels.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following acts best constitutes a trespass to land?
    1. Standing on a public sidewalk and shouting insults at the landowner.
    2. Flying a commercial airliner 30,000 feet over the landowner's property.
    3. Accidentally hitting a golf ball onto the landowner's property.
    4. Intentionally throwing a small stone onto the landowner's property.
  2. A defendant takes the plaintiff's lawnmower from the plaintiff's open garage, believing mistakenly but honestly that it is his own. The defendant uses it once and returns it undamaged before the plaintiff notices it is missing. If the plaintiff sues the defendant, the plaintiff is most likely to prevail on a claim for:
    1. Conversion, because the defendant intended to exercise dominion and control over the lawnmower.
    2. Trespass to chattels, because the defendant intentionally interfered with the plaintiff's possession, even if briefly.
    3. Neither trespass to chattels nor conversion, because the defendant's mistake was made in good faith.
    4. Neither trespass to chattels nor conversion, because the plaintiff suffered no actual damages.
  3. Which remedy typically requires the defendant to pay the full market value of the chattel at the time of the tort?
    1. Trespass to land
    2. Trespass to chattels
    3. Replevin
    4. Conversion

Introduction

Intentional torts protect not only personal integrity but also rights related to property. This article focuses on torts causing harm to property interests, specifically trespass to land, trespass to chattels, and conversion. These torts involve intentional interference with another's rights concerning their real property (land) or personal property (chattels). Understanding the distinct elements of each tort, particularly the nature of the interference and the required intent, is essential for MBE analysis.

Trespass to Land

Trespass to land occurs when the defendant intentionally causes a physical invasion of the plaintiff's real property.

Key Term: Trespass to Land An intentional act by the defendant causing a physical invasion of the plaintiff's real property.

Elements of Trespass to Land

  1. Physical Invasion: The invasion may occur when the defendant enters the plaintiff's land, causes an object or a third person to enter the land, or remains on the land after a lawful right of entry has expired. The invasion can be on the surface, below the surface, or in the airspace above the land (within a reasonable distance).
  2. Intent: The defendant must only intend to enter onto that particular piece of land. It is not necessary that the defendant intend to commit a wrongful trespass or cause harm. Mistake regarding the ownership of the land is not a defense.
  3. Causation: The defendant's act must cause the physical invasion.

Damages

Proof of actual damages is not required for trespass to land. The plaintiff can recover nominal damages even if no harm occurred. If actual harm does occur, the plaintiff can recover damages for that harm.

Worked Example 1.1

Builder was hired to construct a fence on Owner A's property. Following the survey markers provided by Owner A, Builder constructed the fence. Unknown to Builder or Owner A, the survey markers were incorrectly placed, and a portion of the fence extended one foot onto Neighbor B's adjacent property. Neighbor B discovers the encroachment six months later. Can Neighbor B successfully sue Builder for trespass to land?

Answer: Yes. Builder intended to perform the physical act of constructing the fence where he did, which resulted in a physical invasion of Neighbor B's land. Builder's mistaken belief that he was constructing the fence entirely on Owner A's property is irrelevant; the intent required is only the intent to enter the land upon which the fence was built, not the intent to wrongfully trespass. Nominal damages are available even without proof of actual harm.

Defense: Necessity

Necessity can be a defense to trespass to land (and also trespass to chattels and conversion). It arises when interference with property is reasonably and apparently necessary to avoid threatened injury from a natural or other force, and the threatened injury is substantially more serious than the invasion undertaken to avert it.

Key Term: Necessity A defense applicable to property torts where the defendant damages the plaintiff's property in an effort to avoid a greater danger.

  • Public Necessity: Arises when the defendant invades the plaintiff's property in an emergency to protect the community as a whole or a significant group of people. This is an absolute defense; the defendant is not liable for any damage caused.
  • Private Necessity: Arises when the defendant invades the plaintiff's property in an emergency to protect an interest of his own or that of a limited number of other private persons. This is a qualified defense; the defendant must pay for any actual harm caused to the property but is not liable for nominal or punitive damages. As long as the emergency continues, the property owner cannot use force to exclude the defendant.

Trespass to Chattels

Trespass to chattels involves an intentional act by the defendant that interferes with the plaintiff's right of possession in personal property (chattel).

Key Term: Trespass to Chattels An intentional act by the defendant causing interference with the plaintiff's right of possession in a chattel, resulting in actual damages.

Elements of Trespass to Chattels

  1. Act of Interference: This can be either:
    • Intermeddling: Directly damaging the chattel (e.g., scratching a car).
    • Dispossession: Depriving the plaintiff of lawful possession of the chattel.
  2. Intent: The defendant must only intend to do the act that constitutes the interference. Mistake about the lawfulness of the action is not a defense.
  3. Causation: The interference must be caused by the defendant's act.
  4. Actual Damages: Unlike trespass to land, proof of actual damages is required for trespass to chattels. This can include the cost of repair, loss of use, or, if there was dispossession, the loss of possession itself is considered actual harm (entitling at least nominal damages in that specific case).

Worked Example 1.2

Alex parked his identical blue bicycle next to Ben's identical blue bicycle in a public rack. When leaving, Alex mistakenly took Ben's bicycle, believing it was his own. Alex rode it home (two blocks) and realized his mistake upon seeing his own bicycle already there. He immediately returned Ben's bicycle to the rack, completely undamaged. Can Ben successfully sue Alex for trespass to chattels?

Answer: No, likely not. While Alex intentionally performed the act of taking the bicycle (satisfying intent) and caused interference (dispossession), trespass to chattels requires proof of actual damages. Because the bicycle was returned quickly and undamaged, Ben suffered no actual harm. The brief dispossession, without damage, might not be considered sufficient actual harm by many courts for this tort, though some might allow nominal damages for the dispossession itself.

Conversion

Conversion is an intentional act by the defendant that causes the destruction of or serious interference with the plaintiff's right of possession in a chattel.

Key Term: Conversion An intentional act by the defendant causing serious interference with the plaintiff's right of possession in a chattel.

Elements of Conversion

  1. Act of Interference: The interference with the plaintiff's possessory rights must be serious enough to warrant that the defendant pay the full value of the chattel. Acts constituting conversion include:
    • Wrongful acquisition (theft, embezzlement)
    • Wrongful transfer (selling stolen goods)
    • Wrongful detention (refusing to return after demand)
    • Substantially changing the chattel
    • Severely damaging or destroying the chattel
    • Misusing the chattel (using it in a way that seriously violates the owner's rights)
  2. Intent: The defendant must only intend to perform the act that results in the interference. Mistake of law or ownership is not a defense. Even a bona fide purchaser can be liable for converting stolen goods.
  3. Causation: The interference must be caused by the defendant's act.
  4. Damages (Seriousness): The interference must be sufficiently serious. Courts consider factors like the extent and duration of control, the defendant's intent to assert a right inconsistent with the owner's, the defendant's good faith, the harm done, and the expense/inconvenience caused.

Remedies for Conversion

  • Damages: The standard remedy is fair market value of the chattel at the time and place of conversion (a "forced sale").
  • Replevin: The plaintiff may recover possession of the chattel.

### Exam Warning

Distinguishing between trespass to chattels and conversion is essential. Conversion involves serious interference justifying payment of the chattel's full value. Trespass to chattels involves less serious interference, usually remedied by damages for repair or loss of use. If the interference is minor and causes no actual damage (other than brief dispossession), it may not even rise to the level of trespass to chattels.

Worked Example 1.3

Sarah borrows her friend Tom's rare, vintage guitar for a weekend gig. The agreement specified it was only for that one performance. Instead, Sarah takes the guitar on a month-long road trip, plays it at numerous unplanned shows, significantly wears down the frets, and causes several deep scratches. When Tom demands it back, Sarah returns it. Can Tom successfully sue Sarah for conversion?

Answer: Yes. Sarah intentionally performed acts (taking the guitar on a long trip, using it extensively beyond permission) that constituted serious interference with Tom's right of possession. The interference was significant in duration (a month vs. a weekend), extent (numerous shows, wear and tear, scratches), and involved a misuse exceeding the agreed-upon scope. The seriousness warrants requiring Sarah to pay the full value of the guitar at the time she took it on the road trip.

Key Point Checklist

This article has covered the following key knowledge points:

  • Trespass to land involves intentional physical invasion of real property; nominal damages are available.
  • Trespass to chattels involves intentional interference with possession of personal property; actual damages are generally required.
  • Conversion involves intentional serious interference with possession of personal property, justifying payment of the chattel's full value.
  • Intent for property torts refers to the intent to do the physical act, not necessarily the intent to cause harm or wrongfully interfere. Mistake of ownership is no defense.
  • Conversion is distinguished from trespass to chattels by the degree of interference.
  • Remedies for conversion include damages (fair market value) or replevin.
  • Necessity (public or private) can be a defense to property torts, but private necessity requires payment for actual damages caused.

Key Terms and Concepts

  • Trespass to Land
  • Necessity
  • Trespass to Chattels
  • Conversion
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