Intentional torts - Protection of property interests

Learning Outcomes

This article examines intentional torts designed to protect interests in property, both real and personal. It details the elements required for establishing liability for trespass to land, trespass to chattels, and conversion. It also outlines the primary defenses relevant to these torts, particularly necessity and the recapture of chattels. After reading this article, you will be able to identify the elements of each tort, distinguish between trespass to chattels and conversion, and analyze the applicability of relevant defenses in MBE fact patterns. This understanding is essential for accurately answering questions on intentional property torts.

MBE Syllabus

For the MBE, you are required to understand the principles governing intentional interference with property rights. This includes both interference with real property (land) and personal property (chattels). You should be prepared to:

  • Define and apply the elements of trespass to land, including the intent requirement and the nature of the physical invasion.
  • Define and apply the elements of trespass to chattels, focusing on interference with the right of possession and the requirement of actual damages or dispossession.
  • Define and apply the elements of conversion, emphasizing the exercise of dominion and control and the seriousness of the interference required.
  • Distinguish between trespass to chattels and conversion, particularly regarding the remedy sought (damages vs. forced sale value).
  • Analyze the defense of necessity (public and private) as it applies to property torts.
  • Understand the privilege to recapture chattels, including limitations on the use of force and entry onto land.

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. To establish a prima facie case for trespass to land, the plaintiff must prove:
    1. Actual damage to the land.
    2. That the defendant intended to cause harm to the land.
    3. An intentional physical invasion of the plaintiff's real property by the defendant.
    4. That the defendant’s entry was without any reasonable mistake.
  2. Which tort involves an interference with the plaintiff's right of possession in a chattel that is so serious as to warrant requiring the defendant to pay the chattel's full value?
    1. Trespass to land
    2. Trespass to chattels
    3. Conversion
    4. Nuisance
  3. A hiker becomes lost in a sudden blizzard and, fearing for her life, breaks into an unoccupied cabin to take shelter. The hiker builds a small fire in the fireplace using wood stored inside, causing minor smoke damage to the mantelpiece. If the cabin owner sues the hiker, the hiker's best defense is:
    1. Consent
    2. Self-defense
    3. Public necessity
    4. Private necessity

Introduction

Beyond protecting persons from intentional harm, tort law also protects possessory interests in property. This article focuses on three core intentional torts related to property: trespass to land, trespass to chattels, and conversion. These torts address unauthorized invasions of real property and interferences with personal property (chattels). Understanding the distinct elements of each tort, particularly the required intent and the level of interference necessary for liability, is essential. We will also examine specific privileges that may excuse conduct that would otherwise constitute an intentional property tort, such as necessity and the limited right to recapture chattels.

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 that causes a physical invasion of the plaintiff's real property.

Elements

  1. Intent: The defendant must intend the act that results in the invasion of land. Intent to trespass is not required; intent to enter onto the land is sufficient. Mistake regarding the ownership or boundaries of the land is generally not a defense.
    • Example: If D walks onto land he honestly but mistakenly believes is his own, he has the intent to enter the land and has committed trespass if it belongs to P.
  2. 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, remains on the land after a right to be there has expired, or fails to remove an object from the land when under a duty to do so. The invasion can be on the surface, below the surface, or in the airspace above.
  3. Land of Another: The interest protected is the right to exclusive possession of real property. Anyone in actual or constructive possession of the land (e.g., owner, tenant) may maintain the action.

Causation

The defendant's act, or a force set in motion by the defendant, must cause the physical invasion.

Damages

No proof of actual damages is required. The plaintiff can recover nominal damages even if no harm occurred. If actual harm occurs, the defendant is liable for compensatory damages.

Trespass to Chattels

Trespass to chattels involves an intentional interference with the plaintiff's right of possession in personal property.

Key Term: Chattel
An item of tangible personal property.

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

Elements of Trespass to Chattels

  1. Intent: The defendant must intend the act that constitutes the interference. Mistake about the legality of the act is not a defense.
  2. Interference: The interference can be either:
    • Intermeddling: Directly damaging the chattel (e.g., scratching a car).
    • Dispossession: Depriving the plaintiff of lawful possession of the chattel.
  3. Causation: The interference must be caused by the defendant's act or something set in motion by the defendant.
  4. Damages: Unlike trespass to land, actual damages are required for trespass to chattels. This can be shown by:
    • Actual harm to the chattel.
    • Substantial loss of use of the chattel.
    • Dispossession of the chattel (loss of possession itself is considered actual damage).

Worked Example 1.1

David, seeing a bicycle he mistakenly believes is his, takes it from a public bike rack where Paula had left it unlocked. He rides it for five minutes around the block before realizing his mistake and immediately returns it undamaged to the exact spot. Paula was unaware the bike had been taken until David told her upon return. Can Paula successfully sue David for trespass to chattels?

Answer: No. While David intended the act of taking the bike (satisfying intent) and interfered with Paula's possession (dispossession), Paula suffered no actual damages. The bike was returned promptly and undamaged, and she was unaware of the brief dispossession. Dispossession itself can be actual damage, but a brief, harmless dispossession may not suffice without proof of other loss.

Conversion

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

Key Term: Conversion
An intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.

Elements of Conversion

  1. Intent: The defendant must intend to perform the act that brings about the interference with the plaintiff's possessory rights. Mistake of ownership is not a defense.
  2. Serious Interference: The interference must be so significant that it warrants requiring the defendant to pay the full value of the chattel. This is the key distinction from trespass to chattels. Factors considered include:
    • Extent and duration of the defendant's exercise of dominion or control.
    • Defendant's intent to assert a right inconsistent with the plaintiff's right of control.
    • Defendant's good faith.
    • Extent and duration of the resulting interference with the plaintiff's right of control.
    • Harm done to the chattel.
    • Inconvenience and expense caused to the plaintiff.

Acts Constituting Conversion

Conversion can occur through various acts, including:

  • Wrongful acquisition (theft).
  • Wrongful transfer (selling stolen goods).
  • Wrongful detention (refusing to return goods).
  • 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).

Remedies

The standard remedy for conversion is damages measured by the full market value of the chattel at the time and place of conversion (a forced sale). Alternatively, the plaintiff may sometimes opt for replevin (an action to recover the chattel itself).

Defenses to Intentional Torts to Property

Several privileges may justify conduct that would otherwise be tortious interference with property.

Necessity

Necessity can be a defense to trespass to land, trespass to chattels, and conversion. It applies when the defendant's interference with the plaintiff's property is reasonably necessary to avoid an immediate threatened injury from a natural or other force, and the threatened injury is substantially more serious than the interference undertaken.

Key Term: Necessity (Public)
An unlimited privilege to interfere with the land or chattels of another when reasonably necessary to avert an imminent public disaster. No liability for damage caused.

Key Term: Necessity (Private)
A qualified privilege to interfere with the land or chattels of another when reasonably necessary to protect one's own person or property (or that of a third person) from serious harm. Liability exists for actual damage caused.

  • Public Necessity: Applies when the act is for the public good (e.g., destroying property to prevent the spread of a fire). The defense is absolute; the defendant is not liable for damage caused.
  • Private Necessity: Applies when the act is solely to benefit a limited number of people or the actor himself. The privilege is qualified: the actor must pay for any actual harm caused to the property, but is not liable for nominal or punitive damages and cannot be ejected or have their property removed as long as the emergency continues.

Exam Warning

Do not confuse public and private necessity. Public necessity provides an absolute defense (no liability for damage), while private necessity provides only a qualified privilege (liability for actual damage caused, but no liability for the technical tort itself).

Recapture of Chattels

A person may have a limited privilege to use reasonable force to recover their own wrongfully taken chattels.

Key Term: Recapture of Chattels
A limited privilege allowing the owner of dispossessed chattel to use reasonable, non-deadly force to recover the chattel immediately after the dispossession.

  • Limitations:
    • Wrongful Taking: The privilege exists only if the property was wrongfully taken (e.g., stolen). If possession began lawfully (e.g., bailment), force cannot be used.
    • Timeliness: The owner must be in "hot pursuit." Undue lapse of time destroys the privilege.
    • Demand: A demand for return must usually be made first unless futile or dangerous.
    • Force: Only reasonable, non-deadly force may be used. Force causing death or serious bodily harm is never privileged merely to recover property.
  • Entry onto Land:
    • Wrongdoer's Land: The owner may enter the wrongdoer's land at a reasonable time and in a reasonable manner to recover the chattel after demand.
    • Innocent Party's Land: The owner may enter an innocent party's land under similar conditions but is liable for any actual damage caused by the entry.
    • Owner's Fault: No privilege to enter if the chattel is on another's land due to the chattel owner's fault.

Defense of Property

Reasonable, non-deadly force may be used to prevent a tort against one's real or personal property. Deadly force is never permitted solely to defend property. A request to desist is usually required first.

Summary

Intentional torts protect property interests against unauthorized invasion (trespass to land) and interference (trespass to chattels, conversion). Trespass to land requires intentional physical invasion. Trespass to chattels requires intentional interference causing actual damage or dispossession. Conversion requires intentional serious interference justifying payment of full value. Defenses like necessity (public or private) and the limited privilege to recapture chattels can excuse conduct that would otherwise be tortious.

Key Point Checklist

This article has covered the following key knowledge points:

  • Trespass to land involves intentional physical invasion; no actual damages needed.
  • Intent for trespass to land/chattels relates to the act of entry/interference, not intent to harm or knowledge of ownership.
  • Trespass to chattels involves intentional interference with possession resulting in actual harm or dispossession.
  • Conversion involves serious intentional interference with possession, justifying a forced sale remedy (full market value).
  • Distinguishing trespass to chattels from conversion depends on the seriousness of the interference.
  • Public necessity is an absolute defense to property torts when acting for the public good.
  • Private necessity is a qualified defense; the actor is liable for actual damages caused.
  • Recapture of chattels allows limited, reasonable, non-deadly force in hot pursuit of wrongfully taken property.
  • Deadly force is never privileged solely for defense or recapture of property.

Key Terms and Concepts

  • Trespass to Land
  • Chattel
  • Trespass to Chattels
  • Conversion
  • Necessity (Public)
  • Necessity (Private)
  • Recapture of Chattels
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
AdaptiBar
One-time Fee
$395
Assessment Day
One-time Fee
$20-39
BarPrepHero
One-time Fee
$299
Job Test Prep
One-time Fee
$90-350
Quimbee
One-time Fee
$1,199

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal