Trespass to chattel occurs when there is intentional interference of another person’s rightful property. Any personal property that is either movable or immovable, with the exception of real estate, is considered as chattel.
In this particular type of trespass, the validity of the tort claims relies on basic elements such as:
- Lack of an owner’s consent to the asportation of the tangible property
- Interference with the intention of obtaining the personal property for one’s gain
- The volitional movement of the trespasser resulted in either intermeddling or dispossession of the personal property
The similarity between conversion and trespass to chattels lies on the fact that a person unlawfully takes possession of another’s property and obtaining it for his own. The difference lies on the extent of compensation that can be awarded to the plaintiff. In trespass to chattel, a person may be entitled to the actual damages incurred as a result of destruction or loss of personal property. In conversion, a person may obtain the full value of a chattel.
If you need further legal knowledge about this or have encountered such case, visit our personal injury information center. Trespassing may not seem like a big deal for some people, but in Ohio this criminal offense is punishable with serious penalties.
Oliver Law, founded by Jami S. Oliver, has a track record of success when it comes to trying trespass cases on court and winning settlements for the victims. We offer rational counseling for your legal queries. Schedule a consultation now by calling us at (614) 220-9100 or by signing our online form.