Trespass to Chattels as a Cause of Action in New York

Trespass to chattels is a legal claim used to address interference with personal property. In New York, this cause of action allows someone to seek damages when another person intentionally interferes with their movable property, such as a car, computer, phone, or other physical object that is not land or real estate. While the term “trespass” usually makes people think of land, this version applies to personal belongings, which are legally known as “chattels.”

To succeed in a trespass to chattels claim, the plaintiff must prove that the defendant’s interference with their property meets certain legal requirements. Below are the key elements courts look for when deciding these cases.

Intentional Interference by the Defendant

The first element of trespass to chattels is that the defendant must have intentionally interfered with the plaintiff’s property. This means the defendant must have acted on purpose, not by accident. The intent does not have to be malicious—the person simply must have meant to do the act that led to the interference.

For example, if someone takes another person’s laptop without permission, even for a short time, that could qualify as intentional interference. If the person did not know the laptop belonged to someone else, that might affect the case, but the core issue is whether the act of interference was deliberate.

Harm to the Condition, Quality, or Value of the Chattel

The second element focuses on harm. To bring a successful claim, the plaintiff must show that the interference either damaged the item or reduced its value or usefulness. Physical damage is the most obvious example—such as scratching a car or breaking a smartphone. But harm can also include situations where the property was temporarily unusable, especially if that delay caused a measurable loss or inconvenience.

If there is no meaningful harm—no damage, no loss of use, and no decrease in value—the case may not meet the standard for trespass to chattels, even if the interference was intentional.

Conclusion

Trespass to chattels is a useful cause of action in New York when someone has intentionally interfered with another person’s movable property in a way that causes harm. This claim helps protect individuals from having their belongings used, damaged, or disrupted without consent. Although it is not as well known as other property-related claims, trespass to chattels provides a clear legal pathway for people to recover damages when their personal property is intentionally mishandled. Understanding the elements of intent and harm is essential for pursuing or defending against this kind of legal action.

Find the Law

“To establish a cause of action for trespass to chattels, a plaintiff must allege that the defendant intentionally interfered with or harmed the condition, quality, or material value of the chattels at issue.” Alix v. Turin Hous. Dev. Fund, Co., 2014 N.Y. Slip Op. 33283, 5 (N.Y. Sup. Ct. 2014)