Defense of Property to Intentional Torts of Land

Question 1

Defense of Property Requirements

Answer 1

Must request desist or leave before force is use UNLESS it would be futile or dangerous.

Privilege is lost once tort has been committed.

Question 2

Hot Pursuit

Answer 2

Force is allowed in hot pursuit of another who has tortiously dispossessed the owner of her chattels because the tort is still viewed as being committed.

Question 3

Mistake

Answer 3

Reasonable mistake as to whether intrusion has occured or whether request to desist is required. Mistake is not allowed as to whether entrant has a privilege that supersedes the defense.

Question 4

How Much Force

Answer 4

Reasonable force, may NOT use force causing death or serious bodily injury Unless invasion of property also entails a serious threat of bodily harm.

Question 5

Re-Entry Onto Land to Dispossess Occupier

Answer 5

Common Law: may use force to dispossess

Modernly: No self help allowed.

Question 6

Recapturing of Chattels

Answer 6

When another’s possession began lawfully, may only use peaceful means to recover chattel.

Timely demand must be made.

Question 7

Entry on Land to Remove Chattel

Answer 7

Wrongdoer’s Land: owner is privileged to enter onto land and relciam them at a reasonable time and in a reasonable manner after timely request.

Innocent Party: After request is denied may enter at a reasonable time in a peaceful manner (will be liable for any ACTUAL damage caused by entry)

Question 8

Chattel on Land through Chattel Owner’s Fault

Answer 8

No privilege to enter land, they may be recovered only through legal process.

Question 9

Shopkeeper’s Rule

Answer 9

Shopkeepers have privilege to detain for a reasonable period of time an idnividual whom they reasonably believe to be in possession of shoplifted goods.

reasonable force may be used to recapture chattels.