Trespass to Chattels - Elements

When someone intentionally interferes with or damages your personal property without your permission, it can be considered trespass to chattels. This type of legal claim is specifically related to interference or damages to personal property and not real property.

To win a trespass to chattels case, you must to prove these elements:

Ownership: You owned, possessed, or had a right to possess the property.
Interference: The defendant intentionally interfered with your use or possession of the property, or they damaged it.
Consent: You did not consent to the defendant’s action.
Damages: You were harmed by the defendant’s action.

Example

Your cousin borrowed your new lawn mower without permission, damaging it. You had to repair it after he returned it. Details:

Ownership: 05/22/2022, purchased from Home Depot.
Interference: 06/01/2022, cousin took and damaged the mower.
Consent: 06/02/2022, informed cousin of no access to the mower.
Damages: 06/10/2022, repaired the mower costing $100.

Learn more about Trespass to Chattels cases.

🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.