Legal Definitions - Trespass to Chattels

Trespass to Chattels

This legal term refers to an intentional act by one person that interferes with another person's movable property (known as "chattels") without permission, causing some harm or deprivation of use. The interference doesn't need to be significant; even a minor unauthorized touching, use, or damage to someone else's personal property can be considered trespass to chattels.

The key elements are:

• An intentional act by the person causing the interference.
• The act interferes with the other person's movable property.
• The interference causes some harm, damage, or deprivation of use to the property or its owner.

Here are some examples to illustrate this concept:

• Example 1: Unauthorized Use of a Device
  Imagine a colleague at work sees your smartphone on your desk and, without asking, picks it up to quickly check social media or play a game for a few minutes before returning it. Even if no physical damage occurred, this could be considered trespass to chattels. Your colleague intentionally interfered with your personal property (the smartphone) without your permission, potentially depriving you of its use during that time, or causing minor battery drain or wear.
• Example 2: Minor Damage to a Vehicle
  Suppose a frustrated driver in a parking lot intentionally kicks the tire of another car that they believe is parked improperly, leaving a scuff mark or a small dent on the hubcap. This act would likely qualify as trespass to chattels. The driver intentionally interfered with the car (a chattel) belonging to someone else, causing minor physical damage without permission.
• Example 3: Unpermitted Use of Tools
  Consider a neighbor who, needing a specific garden tool, enters your shed without permission and uses your expensive hedge trimmer for an hour. Even if they return it seemingly undamaged, the act of taking and using it without your consent, potentially causing wear and tear or consuming fuel, constitutes trespass to chattels. They intentionally interfered with your property (the hedge trimmer) without authorization, causing a temporary deprivation of your ability to use it and potentially accelerating its depreciation.