Trespass To Chattel: Legal Definition & Examples

Trespass to chattel is a tort that involves one person interfering with another person’s property right.

Legal Definition

Chattel is “an item of tangible, movable or immovable property except real estate and things (such as buildings) connected with real property.” The Restatement (Second) of Torts Section 217 defines “trespass to chattel” as intentionally taking someone else’s property or using or interfering with someone’s property rights.

Meaning

Chattel, in other words, is tangible personal property such as furniture, equipment and jewelry. Chattel does not include real estate and buildings on a site. Trespass to chattel refers to taking chattel without consent or through fraud, blocking access to chattel and destroying chattel in someone else’s possession.

Purpose

An individual who successfully asserts a trespass to chattel claim can seek economic and non-economic damages. Economic damages include compensation for the diminished property value that occurred as a result of the trespass. If the trespass affected the individual’s use or possession of their personal property and resulted in loss of income, the individual can recoup the financial loss. Non-economic damages may include emotional distress.

Legal Basis

Trespass to chattel is a type of common law intentional tort. Tort law compensates individuals who have been injured by negligent or intentional acts and holds those who committed the acts liable. To establish a claim for trespass to chattel, an individual must show that their property was intentionally damaged or temporarily seized without permission.

A defendant is liable for trespass to chattel if they do any of the following:

• take someone’s property
• damage the property
• deprive an individual of the use of their property for a period of time
• cause bodily harm to the property owner

A defendant may be found liable for actual damages, usually calculated as the reduced value of the chattel as a result of the defendant’s actions.

To prove a trespass to chattel claim, an individual must demonstrate that the defendant:

• intended to trespass (however, it is not necessary to show that the defendant intended to cause harm)
• did not have consent to trespass
• intended to possess or damage the chattel’s condition or temporarily deprive the individual of its use

What’s the difference between trespass to land and trespass to chattel? Both are intentional torts that occur when an individual deliberately interferes with someone else’s property. The primary difference is that while chattel refers to movable, personal possessions, real property covers land and anything permanently built on the site, including a house and other buildings, or attached to the lot, such as trees.

To assert a claim for trespass to real property, an individual must demonstrate that:

• They own or have the right to possess the lot;
• They did not give the defendant permission to enter the property, or the defendant intentionally interfered with the property and
• They were deprived of using or possessing the property and harmed as a result.

The following are three examples of trespass to chattel:

1. Your roommate took your car without your permission to run errands and returned it.
2. Without permission, someone changed the locks on your warehouse, where you store construction equipment you own and rent out. Being temporarily locked out of the warehouse prevented you from renting your equipment for two days, resulting in the loss of rental income.
3. After working on a project together at a colleague’s house, you and he watched a movie. As you left, you mistakenly took the colleague’s laptop home instead of your own. If the colleague decided to bring a claim for trespass to chattel, you would not be able to claim you made a mistake, but the colleague would need to prove how he was damaged by your actions to recover compensation.

A defendant accused of trespass to chattel can raise a variety of defenses, including the following to dismiss the claim or reduce damages:

• Consent. The defendant needs to prove that the owner of the chattel gave them permission to use it.
• Ownership or right to possess. The defendant can show that they own the chattel or have a legal right to use it.
• Privilege. A defendant may be entitled to use or interfere with an individual’s chattel if they are a law enforcement officer or another individual acting within the scope of their authority.
• Abandonment. The defendant must prove the owner of the chattel has given up their rights to it.