{"id":353533,"date":"2017-08-01T13:18:44","date_gmt":"2017-08-01T18:18:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/trespass-to-chattels-vs-conversion.html"},"modified":"2024-01-10T18:59:23","modified_gmt":"2024-01-10T23:59:23","slug":"trespass-to-chattels-vs-conversion","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/trespass-to-chattels-vs-conversion.html","title":{"rendered":"Trespass to Chattels vs. Conversion"},"content":{"rendered":"\n
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Trespass to Chattels vs. Conversion<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Two civil offenses, conversion and trespass to chattels, are similar. They both involve someone taking or changing your personal property. The main difference is how much the person damaged or interfered with your belongings.<\/p>\n\n <\/div>\n\n\n\n

If someone wrongfully took your personal property, you may be able to bring an\u00a0intentional tort<\/a>\u00a0cause of action against them. Under\u00a0tort law<\/a>, this is a civil claim for a harmful act that was done with purpose. But which type of tort would be a valid claim?<\/p>\n

Both\u00a0trespass to chattels<\/a>\u00a0and\u00a0conversion<\/a>\u00a0deal with wrongfully interfering with a person’s personal property. Neither concerns bodily harm. Although they are similar claims, there are significant differences that you should know before filing a lawsuit.<\/p>\n

Read on to learn about the similarities and differences between the tort of trespass to chattels and the tort of\u00a0conversion<\/a>. Or, talk to a local tort and injury lawyer about your legal options for recovering your personal belongings.\u00a0<\/p>\n

What Are Trespass to Chattels and Conversion?<\/h2>\n

Trespass to chattels and conversion are both intentional torts. They both refer to a wrongful, intentional interference with the possession of someone’s personal property.<\/p>\n

Trespass to chattels and conversion deal only with personal property. They do not apply to the interference of real property or any interest in land. See\u00a0trespass to land<\/a>\u00a0as a separate topic.<\/p>\n

Both trespass to chattels and conversion are\u00a0general intent<\/a>\u00a0torts. As opposed to\u00a0specific intent<\/a>\u00a0torts, general intent torts do not consider whether the\u00a0tortfeasor<\/a> (wrongdoer) knew their conduct would result in the specific harm.<\/p>\n

In other words, it’s enough that harm would likely result from the defendant’s actions. As a result, a mistake of ownership is not a valid defense to trespass to chattels and conversion.<\/p>\n

Common Elements of Trespass to Chattels and Conversion<\/h3>\n

Proving trespass to chattels and conversion involves all the following elements:<\/p>\n