Interference with Property

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  • Topic: Tort, Tort law, Trespass
  • Pages : 5 (1501 words )
  • Download(s) : 234
  • Published : May 31, 2013
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Interference
with
Property

What is Interference with Property:
Intentional interference with property is the section under intentional tort law that protects a citizen from having their land trespassed on, chattels stolen or obtained by people that should not have their items.It is also the act that protects your rights as a Canadian citizen to privacy and protection of property.

Types of Interference with Property:
There are four main sections under which intentional interference with property can be broken into; Trespass to Land, Nuisance, Trespass, to Chattels, and Conversion, each put in place to preserve the rights each citizen has when it comes to privacy.

Trespass to Land - deals with the most well known type of intentional tort. It ranges from direct violations of restraining orders and other court orders, to being asked to leave a house after a party and not doing so. Although it is usually not a situation that may arise, if the unwanted person will not leave despite attempts by the property owner to eject the person, sufficient force may be used. Trespassing however can also be less direct and be committed hundreds of feet off the property when acts such as blasting are being done.

Nuisance - to be a nuisance, is to do something that interferes with the civil liberties that a Canadian citizen has by means of noise, parties, or other such obstructions that may infringe upon a persons property. When a house is damaged because of blasting taking place near by the victims of the damage may seek retribution. Other forms of nuisance may take place once you are already in a house can fall under a different section, called Trespass to Chattels.

Chattels - are the physical items that people own such as CD’s, cars, clothing, etc. Just by holding a persons item when you are not allowed to be considered a violation. Although under trespass to chattels, the item does not have to be damaged, it is possible to take civil action because of loss of property if it can be reasonably proven that the victim was at a loss due to the absence of their particular item. If you do steal an item however it falls under the fourth and final section, conversion.

Conversion - is the civil equivalent to theft. If a person finds a purse and is legitimately trying to find the owner but cannot it is not considered conversion, however if they prevent the object from being returned to the proper owner and detain the object despite knowing the owner they may be attacked civilly because of their choice not to return the object.

Scenarios:

1)-A dark and stormy night.
-A burglar breaks into your house
-He steals your belongings
-But while doing it he makes tons of noises which wakes up your whole family –What are some type of interference with property will the burglar be charged with? (Trespass to Land, Nuisance, Chattels, Conversion)

2)-You have a huge party
-Everyone is enjoying themselves
-Loud music is playing and the bass is loud
-Your neighbours come to you and ask if you could lower the volume and the noise level
-You reject them and tell them off
-What type of interference with property did you do?
(Trespass to Land, Nuisance, Chattels, Conversion)

3)-You are a homeowner and has already moved out with your belongings besides your LCD TV. Hanging on your wall.
-A buyer is interested of the house and buys it
-This buyer is angry when he notices that the LCD TV is gone since he thought it comes with the house.
-What kind of interference with property is here in this...
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