A contractor was hired by a property owner to construct a small gazebo in the property owner's backyard. While working on the project, the contractor mistakenly placed several pieces of equipment on the neighbor's land, believing it to be part of the property owner's lot. The neighbor later discovered the equipment and demanded that the contractor remove it immediately. The contractor failed to remove the equipment for two weeks, during which time the neighbor experienced difficulty mowing their lawn. The neighbor now sues the contractor. Which claim is the neighbor most likely to succeed on?
Trespass to land occurs when someone intentionally enters or causes an object or person to enter another's land without permission. In this case, the contractor placed equipment on the neighbor's land without their consent. The neighbor's difficulty mowing the lawn establishes a clear interference with their right to use and enjoy the property. Conversion requires an intentional exercise of dominion or control over another's personal property, depriving the owner of its use. Here, the neighbor retained possession of their land and was not deprived of control over any personal property, making conversion inapplicable. Trespass to chattels, on the other hand, involves interference with personal property rather than real property like land.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is trespass to land?
Open an interactive chat with Bash
What is the difference between trespass to land and trespass to chattels?