Start Here: 5 Things You MUST Know
Trespass to real property = unauthorized entry onto land. You do NOT need to prove actual damage.
Trespass to personal property (chattels) = interfering with someone's belongings. Same rules as real property trespass.
Conversion = exercising full dominion/control over someone else's property. More serious than trespass to chattels.
4 types of conversion: acquisition, unauthorized transfer, unreasonable withholding, damaging/altering.
Private nuisance affects one person. Public nuisance affects the general public. Nuisance per se = always a nuisance.
1. Trespass
Trespass
Unauthorized entry onto or interference with someone else's property. There are two types: trespass to real property (land) and trespass to personal property (chattels).
Trespass to Real Property (Land)
- Intentionally entering someone's land without permission
- Remaining on land after permission has been revoked
- Placing objects on someone's land without permission
- Even entering the airspace above or ground below counts
- Actual damage is NOT required — the unauthorized entry itself is the wrong
Trespass to Personal Property (Chattels)
- Intentionally interfering with someone's personal property (not land)
- Taking, using, or damaging someone's belongings
- Same elements of proof as trespass to real property
- Chattel = legal term for personal property (movable things, NOT land)
Real-World Scenario: Insurance Adjuster Trespass
The Setup: An insurance adjuster needs to inspect a property for a claim.
What Happens: The homeowner says "Do not come on my property." The adjuster enters the backyard anyway to take photos without consent.
The Result: This is trespass to real property. Even though the adjuster meant no harm and caused no damage, the unauthorized entry itself is the tort. The homeowner can sue, and the insurer could face liability for the adjuster's actions.
Real-World Scenario: Trespass to Chattels
The Setup: After a car accident, a tow truck driver hauls the vehicle to the repair shop.
What Happens: The tow driver opens the trunk, takes out the owner's golf clubs, and uses them for a week before returning them undamaged.
The Result: This is trespass to personal property (chattels). The tow driver intentionally used someone else's belongings without permission. Even though the clubs were returned undamaged, the unauthorized use itself is actionable.
2. Conversion
Conversion
The intentional and unlawful exercise of dominion (control) over someone else's personal property, to the detriment of the property's owner. Think of it as "treating someone else's stuff as if it were your own."
Key Distinction: Trespass to Chattels vs. Conversion
Trespass to chattels = temporary or minor interference with personal property. Conversion = exercising full dominion and control, essentially taking it over. Conversion is more serious and allows the plaintiff to recover the full value of the property.
4 Circumstances That Constitute Conversion
Acquisition of Possession
Taking someone's property (e.g., stealing a car).
Unauthorized Transfer
Selling or giving away someone's property without their permission.
Unreasonable Withholding
Refusing to return someone's property when asked.
Damaging, Altering, or Misusing
Damaging or fundamentally changing someone's property.
Real-World Scenario: Borrowed Car Gone Wrong
The Setup: You lend your car to a friend for one day.
What Happens: Your friend keeps the car for three months, repaints it a different color, and refuses to return it.
The Result: This is conversion. Your friend is exercising unauthorized dominion over your property (unreasonable withholding + altering the chattel). You can sue for the full value of the car.
Defenses to Conversion
- Defendant had lawful authority to possess the property
- Plaintiff consented to defendant's use
- Defendant had a legitimate claim of ownership
3. Nuisance
Nuisance
An unreasonable interference with someone's use and enjoyment of their property. This is about activities that annoy, disturb, or harm your ability to use your own property.
Private Nuisance
Interferes with a specific person's use of their property. Only the affected property owner can sue.
Example: Your neighbor runs a noisy machine shop 24/7 that shakes your house. Only YOU (the affected neighbor) can sue.
Public Nuisance
Interferes with the rights of the general public. Usually addressed by government action.
Example: A factory polluting a public river. The government (not just one person) typically brings the action.
Nuisance Per Se
An activity that is always a nuisance, regardless of circumstances.
Example: Operating an illegal dump in a residential area.
Intentional Nuisance
When the person knows their activity interferes with others' property and continues anyway.
Example: Running loud machinery at 3 AM despite repeated complaints from neighbors.
Real-World Scenario: The Garbage-Throwing Neighbor
The Setup: Jack and his neighbor share a property line.
What Happens: Jack regularly throws his garbage and rubbish over the fence into his neighbor's yard.
The Result: This is a private nuisance. Jack's actions interfere with his neighbor's enjoyment of their property. The neighbor can sue to stop the behavior (injunction) and for damages.
Real-World Scenario: Late-Night Loud Music
The Setup: Joe plays very loud music late at night.
What Happens: Neighbors cannot sleep and complain repeatedly. Joe does not stop.
The Result: This IS a nuisance because it inflicts discomfort on neighbors. Joe's continued behavior despite knowledge of the interference makes this an intentional nuisance. The neighbors can seek an injunction and damages.
4. Comparison: Trespass vs. Conversion vs. Nuisance
| Feature | Trespass | Conversion | Nuisance |
|---|---|---|---|
| What is protected | Right to exclude others from your property | Right to control your personal property | Right to use and enjoy your property |
| Type of property | Real property (land) or personal property (chattels) | Personal property (chattels) only | Real property (land) primarily |
| Severity | Interference / unauthorized entry | Full dominion / control (more serious) | Unreasonable interference with use |
| Damage required? | NO (entry alone is the wrong) | YES (detriment to owner) | Unreasonable interference |
| Remedy | Damages + injunction | Full value of property | Injunction + damages |
Cheat Sheet
Print this page for quick referenceTrespass
- Real property: unauthorized entry onto land
- Personal property: interfering with chattels
- No actual damage required for land trespass
- Includes airspace above and ground below
Conversion
- Full dominion over someone's chattel
- 4 types: acquire, transfer, withhold, damage
- Remedy = full value of property
- More serious than trespass to chattels
Nuisance
- Private = affects specific person
- Public = affects general public
- Per se = always a nuisance
- Intentional = knows and continues
Exam Trap Alerts
1. Trespass Does NOT Require Damage
For trespass to real property, the unauthorized entry itself is the wrong. The exam will present a scenario where someone enters land, causes no harm, and asks if it is trespass. The answer is YES.
2. Trespass to Chattels vs. Conversion
Trespass to chattels = minor/temporary interference. Conversion = exercising full dominion. Borrowing a pen for an hour = trespass to chattels. Keeping the pen, refusing to return it, and engraving your name on it = conversion.
3. Conversion Applies ONLY to Personal Property
You cannot "convert" land. Conversion applies only to chattels (movable personal property). If the question involves real property (land), the tort is trespass, not conversion.
4. Private vs. Public Nuisance Standing
Only the affected property owner can sue for private nuisance. Public nuisance is typically addressed by the government. A private citizen can only sue for public nuisance if they suffer special damages different from the general public.
5. Nuisance Per Se = No Balancing Test
An activity that is a "nuisance per se" is ALWAYS a nuisance. Courts do not weigh the benefit of the activity vs. the harm — it is automatically wrongful (e.g., operating an illegal dump in a neighborhood).
Quick Reference Summary
Trespass (Real Property)
Unauthorized entry onto land. No damage needed. Includes airspace and subsurface.
Trespass (Chattels)
Interfering with personal property. Same rules as land trespass.
Conversion
Full dominion over someone's chattel. 4 types. Remedy = full property value.
Chattel
Legal term for movable personal property (not land/real estate).
Private Nuisance
Interferes with one person's property use. Only that person can sue.
Public Nuisance
Interferes with general public rights. Government action. Nuisance per se = always wrongful.