In suits involving real or personal property — e.g., conversion, replevin, quiet title, etc. — abandonment is sometimes utilzied as an affirmative defense against the person invoking property rights. In other words, a defendant will use it to say that a plaintiff cannot make a claim relating to the property because the plaintiff previously abandoned…
Legal Articles
Conversion, Specific Chattel
Conversion is a claim that involves the wrongful use/deprivation of personal property. To prevail on a claim for conversion, a plaintiff needs to prove that (1) he/she was entitled to possession of personal property, (2) the defendant exercised unauthorized control of the personal property and (3) deprived plaintiff of his/her right to possession. Broadly speaking,…
Conversion: Property Theft, Destruction
Conversion is a commonly used intentional tort that exists in civil law. Almost without fail, in any case involving the wrongful appropriation, use, meddling, theft, damage, or destruction of personal property, conversion can be plead as a cause of action. Specifically, conversion is the unauthorized assumption and exercise of the right of ownership over the…