Personal Injury Defense

Trespass to Land | Trespass to Chattels
Tort Lawyers North Carolina

Tort Lawyers in North Carolina handle trespass to land trespass to chattels.  Intentional or physical invasion, trespassing on private property without permission are some of the areas these attorneys cover.

Trespass to land is a physical invasion onto another's land. As common sense would dictate, when one intentionally enters another's land or property without permission, he or she would be trespassing. It is not necessary that the trespassers have knowledge of the intrusion or that he or she is not welcomed onto the land. As long as the trespasser intentionally entered the land, he or she will be held liable. However, if the trespasser was forcefully knocked onto the land or pushed onto the land, he or she would not be liable. For instance, Abby was driving her Lexus down a road when an SUV broadsided her vehicle knocking her car onto Candace's property. Candace then sues Abby for trespassing onto her land. Candace is not likely going to prevail in the lawsuit. In another example, Travis walks onto Caroline's yard thinking that it is part of his own property. Caroline observes this from her home and decides to file suit against Travis. Provided that there were actual damages, Caroline is likely to succeed even though Travis had no clue it was not his land.

It is very important to note that just about any physical intrusion can technically be a trespass. Thus, throwing a rock onto another's land is trespass to land. The airspace above the land also counts as long as the property owner can make reasonable enjoyment out of that tubular airspace. Thus, when a jumbo jet flies over someone's land, there is no trespass to land. It is very important to note that loud music, foul odors, and bright lights on someone else's property do not necessarily make good cases for trespass to land. However, those may be good nuisance actions.

Trespass to Chattels
A trespass to chattels action involves an intentional interference or invasion to personal property. It is basically an action where one is interfering another's lawful use of a product. The classic example of trespass to chattels would be one damaging another's property. For example, Richard walks up to Sarah's car and breaks the rear windshield with a hammer. Sarah would have a good trespass to chattels action against Richard. After all, Richard is interfering with Sarah's enjoyment and use of her car.

Conversion
is the intentional tort where the trespass to personal property is so great that the person held liable will have to pay for the entire fair market value of the object that was trespassed. In general, when an object is damaged but repairable, trespass to chattels is the more appropriate tort. When something is destroyed or stolen, conversion is more appropriate. It is important to note that the two intentional torts are not mutually exclusive. One can easily file a claim for both intentional torts. Conversion cases also frequently deal with possessor rights. For example, Joseph borrows Peter's guitar and decides to pawn it at the local pawnshop. He does not pay the money back, and a 3rd party innocently buys Peter's guitar. Peter can most likely sue Joseph for conversion of the guitar.

The attorneys and lawyers of Everett Law Firm, P.A. understand the issues surrounding trespass to land or trespass to chattels in North Carolina. For a free legal consultation, feel free to email us or call our office, conveniently located in Chapel Hill, to discuss your case. Our toll free phone number is (800) 942-8048.