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Intentional Torts Against Property - ✔✔Wrongful actions that interfere with
an
individual's legally recognized rights to his
or her land or personal property.
Real, Personal, Intangible, & Tangible Properties
Real Property - ✔✔Real Estate-Land and everything permanently attached
to it (structures and vegetation)
Personal Property - ✔✔Everything that is not real property. An item of
property that is not real estate-Chattel
Intangible Property - ✔✔ownership interest in something that can't be
quantified (a stock). Can be transferred but has no physical substance.
Tangible Property - ✔✔Things you can see, touch, smell, etc. A backpack.
Intentional Torts against *Real* Property - ✔✔Trespass to Land-
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,Arises when a person without permission interferes
with an owner's right to exclusive possession of land
by:
1. Physically entering onto, above or below the land; or
2. Causes anything to enter onto the land; or
3. Remains on the land; or
4. Permits anything to remain on the land.
Actual harm to property not required-counts when owner is frustrated with
someone infringing on their exclusive ownership rights.
Intentional Torts against *Personal* Property - ✔✔1. Trespass to Personal
Property.
Arises when a person without permission:
1. intentionally interferes with a property
owner's right
2. to exclusive possession and
enjoyment of that property.
3. Not permanent interference, but
causes owner to not have complete
control over their property.
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, 2. Conversion.
Arises when a person without permission:
1. deprives a true owner of the use and
enjoyment of his or her personal
property by:
2. taking and exercising ownership rights
over the property.
3. Disparagement of Property.
Arises when a wrongdoer
A. makes false statements about a
person's product or property
B. that cause economic damages.
Disparagement of Property is a general term
for torts referred to as: - Slander of Quality or Trade Libel; and - Slander of
Title.
- Defenses include the truth or opinion.
Defenses to Trespass - ✔✔Warranted Intrusion: person who enters has a
justification for entering land without permission.
- To assist another person in danger.
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