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Civil Trespass Law In General
A civil trespass includes trespass to land, trespass to chattels, and conversion.
 Trespass to Land
General Rule: Trespass to land-one who intentionally causes a physical entry upon the land of another unless privileged has committed the tort of trespass to land.
Exceptions-Intentionally failing to stop someone to trespass falling
• Tangible mass visible to the naked eye light, noise, smoke, fumes, etc. not acceptable. Aircraft have a reasonable use privilege consent maybe limited to space, time, to purpose causation=but for.
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Trespass to Chattels
General Rule: Trespass to chattels-One who intentionally intermeddles (i.e. interferes) with the chattel of another, causing damage, unless privileged, has committed the tort of trespass to chattels.
Intermeddling:
1. taking possession;
2. physical contact;
3. depriving Plaintiff of its use;
4. using; or
5. impairing its condition, quality of value,
Damage:
1. taking possession;
2. depriving plaintiff of its use for a substantial period of time;
3. impairing its condition, quality, or value; or
4. personal injury or other property damage to plaintiff
*Only need to intent to intermeddle not intend to damage*
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Conversion
General Rule: Conversion-one who intentionally exercises dominion or control (i.e. interferes) with the chattel of another in a manner that justly entitles the other being paid the full value of the chattel, unless privileged, has committed the tort of conversion.
Factors to consider in determining whether there has been conversion:
1. the serious of an interference;
2. the seriousness of the damage; and
3. Defendants motive • Interfering criterias is the same a intermeddling does not require substantial damage to property, it’s about justice.
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