Legal Definitions - property tort

A property tort occurs when one person unlawfully interferes with another person's ownership, possession, or enjoyment of their private property. This category of legal wrongs specifically addresses harm or damage to real estate (like land or buildings) or personal belongings (like vehicles, equipment, or other possessions), rather than harm to a person's body or reputation. The core idea is that a property owner has a right to use and control their assets without unwarranted disturbance or damage from others.

Here are some examples to illustrate property torts:

• Example 1: Damage from a Neighbor's Property

  Imagine a situation where a homeowner's large, overgrown tree has roots that extend significantly into their neighbor's yard, causing cracks in the neighbor's paved driveway and disrupting their underground sprinkler system. The neighbor's attempts to resolve the issue amicably have failed.

  This scenario illustrates a property tort because the tree owner's failure to manage their property has led to an unlawful interference with and damage to the neighbor's private property (the driveway and sprinkler system). The neighbor's right to maintain their property free from such intrusion and damage has been violated.

• Example 2: Vandalism of Personal Property

  Consider a case where someone intentionally spray-paints graffiti on the side of a parked delivery van belonging to a small business, causing significant cosmetic damage and requiring expensive professional cleaning and repainting.

  This is a clear example of a property tort because the vandal's actions directly caused physical damage to someone else's personal property (the delivery van). The business owner's right to possess and use their vehicle without unlawful interference or destruction has been violated.

• Example 3: Unauthorized Use of Equipment

  Suppose a construction company lends a specialized piece of heavy machinery to another contractor for a specific, short-term project. However, the borrowing contractor, without permission, uses the machinery for several months on multiple unrelated projects, leading to excessive wear and tear, mechanical breakdowns, and preventing the original owner from using it for their own scheduled work.

  This situation constitutes a property tort because the borrowing contractor unlawfully interfered with the lending company's right to possess, use, and control their personal property (the machinery). The unauthorized, extended use beyond the agreed terms, resulting in damage and deprivation of use, is a violation of the owner's property rights.