Real Property Torts: Trespass to Land and Nuisance We will begin with the real property torts

Real Property Torts Intentional interference with the (owner or possessor’s) right: Trespass to Land: … of exclusive ownership/possession of land Nuisance: … to use or enjoy the property See Restatement §158

Trespass to Land: Intent Pegg v. Gray: Intent can include actual or constructive knowledge of entrance onto P’s property. If that’s the case, then why no liability in Malouf v. Dallas Athletic Country Club?

Trespass to Land: Intent Hypos I am hiking on a trail adjacent to Dean Kaufman’s property. The property is marked with a “No Trespassing” sign. I meander off the path onto Kaufman’s land. Liability for trespass?

Trespass to Land: Intent Hypos I am hiking on a trail adjacent to Dean Kaufman’s property. The property is marked with a “No Trespassing” sign. I trip on a branch on the path, and fall onto Kaufman’s property. Liability for trespass?

Trespass to Land: Intent Hypos I am hiking on a trail adjacent to Dean Kaufman’s property. The property is marked with a “No Trespassing” sign. I see a shortcut across Kaufman’s land, and ask him for permission to cross. He agrees. Liability for trespass?

Trespass to Land: Intent Hypos I am hiking on a trail adjacent to Dean Kaufman’s property. The property is marked with a “No Trespassing” sign. I see a shortcut across Kaufman’s land, and ask him for permission to cross. He agrees. While crossing his property, I feel the call of nature and squat to relieve myself. Liability for trespass?

Trespass to Land: Intent Hypos I am hiking on a trail adjacent to Dean Kaufman’s property. The property is not marked with a “No Trespassing” sign. I meander off the path onto Kaufman’s land. Liability for trespass?

Trespass to Land: Intent Hypos I am hiking on a trail that divides my property and Dean Kaufman’s property. I am following a map prepared by my surveyor, which indicates that my property extends far beyond the trail. I step onto the property on the other side of the path, which I (wrongly) believe to be my own. Liability for trespass?

Trespass to Land: Intent Hypos I am hiking on a trail that divides my property and Dean Kaufman’s property. I am following a map prepared by my surveyor, which indicates that my property extends far beyond the trail. I step onto the property on the other side of the path, which Dean Kaufman has also told me is my own. Liability for trespass?

Trespass to Land: Damages If I trespass on Dean Kaufman’s property, but I don’t cause actual harm to the property itself, what damages are available to Dean Kaufman? Nominal damages – symbolic damages, for when there is no compensable injury Compensatory damages – standard damages that compensate a P for pecuniary and non-pecuniary losses Punitive damages – discretionary additional damages to punish D for extreme or malicious conduct Now, in many of the hypotheticals we’ll be discussing, we’ll see situations where I enter Dean Kaufman’s property but I don’t cause any actual harm – I don’t burn his house down, I don’t stomp all over his prize begonias, I don’t do anything that he can point to and say – you damaged something. In such cases, what damages are available? We’ll learn near the end of the semester that there are three types of damages. In cases where no actual harm has occurred, the only damages available to a P are nominal, or symbolic damages – very small amounts of damages, like $1, that recognize that a technical tort occurred, even though the P wasn’t substantially harmed by it.

Personal Property Torts: Trespass to Chattels and Conversion

Personal Property Torts Intentional interference with the right of ownership/possession of personal property. Conversion: Serious interference; requires payment of full value. Trespass to chattels: Less-serious interference; remedy does not require payment of full value.

Conversion Conversion: D is liable if he seriously interferes (see elements in §222A) with P’s personal property by exercising dominion /control, or destroying/altering (per §226).

Conversion Look at the Restatement illustrations on p. 42. Which of the six §222A factors are most relevant to understanding each illustration?

Conversion and Damages Even if the conversion doesn’t cause harm to the property, D will have to pay the full value of the property (See Russell-Vaughn Ford v. Rouse).

Trespass to Chattels Trespass to Chattels: D may be liable if he intermeddles with or dispossesses P’s personal property. Intermeddling: Liability only if D (1) impairs its condition; (2) deprives P of use for substantial time; or (3) harms P’s person/ interest (§218) Actual damages Dispossession: Liability always lies. Actual or nominal damages

Distinguishing between Trespass to Chattels and Conversion It’s a conversion if the property is completely destroyed or stolen. It’s a conversion if there’s serious interference, as judged by the presence of one or more of the elements in §222A. If the interference is less serious, and not enough of the §222A elements are satisfied, it’s probably trespass to chattels. Consider Russell-Vaughn Ford v. Rouse.

A Damages Interlude Punitive Damages: Discretionary, for acts done with malice or reckless disregard. Most often arise in intentional torts, gross negligence, or mass torts. Courts look to (1) reprehensibility of D’s conduct; (2) harm to P; and (3) D’s wealth when setting punitive damages

What About Van Alstyne? But wait! Think back to Van Alstyne v. Rochester Telephone. Why was the action to recover for the death of the dogs an action in trespass, not trespass to chattels/conversion?

Theft, Fraud, and Good Faith Purchasers O’Keefe v. Snyder: Possible liability for good-faith purchaser of stolen painting. Phelps v. McQuade: No liability for good-faith purchaser of jewelry from an impostor who obtained it fraudulently. Are O’Keefe and Phelps consistent?

Theft, Fraud, and Good Faith Purchasers Based on Kelly Kar v. Maryland Casualty, what advice would you give to a prospective thief? Should he rob a bank or a jewelry store? Practice Tip: NEVER GIVE THIS KIND OF ADVICE.

Theft, Fraud, and Good Faith Purchasers Problem: Wiseman v. Schaffer (p. 46) D Schaffer (tow truck operator) tows a truck to a welding yard (per phone authorization by alleged owner “Wiseman”). But the real Wiseman never authorized this. Truck is stolen from the welding yard. Is D Schaffer liable for conversion?