Trespass

Kinds of Torts: Intentional Torts Trespass and Conversion

Introduction to Trespass

The three types of torts against property are trespass to land, trespass to chattels (personal property), and conversion. A trespass is an unlawful interference with another’s property. Intent to trespass can be indirect. If a person explodes some dynamite and damages a neighbor’s property, the intent for a trespass exists even though the person had no actual desire to invade the neighbor’s property.

Trespass against land consists of an interference with the exclusive possession of another’s real property. For example, someone who throws stones onto a neighbor’s lawn or walks on someone’s land without permission commits this type of trespass. Trespass against chattels occurs when one person interferes with another’s exclusive possession of personal property-for example, when a person damages another’s bicycle.

A similar tort that evolved from trespass against chattels is conversion. Conversion consists of converting someone’s personal property to one’s own use. The individual’s control over the property must be intentional, but need not result from a conscious wrongful act. The difference between the civil tort of conversion and the crime of theft stems from the intent of the individual. For example, if a pawnbroker purchases an antique watch that he reasonably believes is not stolen but which in fact is stolen, he is not guilty of theft but he will be liable for the tort of conversion.” (1)

Police Power, Trespass, Burial

From the book The Clergyman’s Hand-book of Law, about Police Power, Trespass, Burial (1): Under our laws the State, by reason of its police power, has control over the cemeteries within it. However, that power has generally been very favorably exercised. Laws both civil and criminal have been enacted to protect cemeteries from invasion and trespass and to protect tombstones from injury.763 When authorized by the Legislature a city may make a by-law prohibiting burial within its limits, notwithstanding that the cemetery has been constantly used for over one hundred years.764 Also, the city has authority to protect and regulate the use of a cemetery.765

Trespass, Injunction

From the book The Clergyman’s Hand-book of Law, about Trespass, Injunction (1): An action for damages quara clausum fregit, can be maintained by a relative against any one who trespasses upon a grave of a person lawfully interred.788 Also, a relative may enjoin by suit in equity, on behalf of himself and others equally interested, interference with graves in his cemetery lot.789

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church

Resources

Notes and References

• Information about Trespass in the Encarta Online Encyclopedia

Guide to Trespass

Introduction to Trespass

Trespass, in law in the United Kingdom and the U.S., a tort, illegally entering on another person’s property. Originally in English common law, trespass included acts committed with violence to the person, property, or rights of another; assault and battery thereby being a trespass. Under the present-day meaning of trespass, an entry need not be by an individual; it may be made by animals, such as cattle, that are allowed to stray on another’s land, or by propelling stones upon another’s property, as by blasting. The entry may originally have been lawful and authorized, but the person entering may later become a trespasser; thus the purchaser of a theater ticket who creates a disturbance and refuses to leave when requested is a trespasser. The party in possession of property may use force if necessary to prevent a trespass or eject a trespasser. A trespasser on another’s property who sustains injuries because of the defective condition of the property cannot recover damages against the owner of the property. The trespasser, however, can recover damages from a trap. A trespasser is liable to the aggrieved party for damages that are the result of his or her wrongful act.” (1)

Resources

Notes and References

• Information about Trespass in the Encarta Online Encyclopedia

Guide to Trespass