law-trespass

TRESPASS TO CHATTELS

A trespass to chattels is a wrongful interference with or injury to property that causes actual damage to the
property or deprives the owner of its use for a substantial period of time. Omnibus Int'l, Inc. v. AT & T, Inc.,
111 S.W.3d 818, 826 (Tex.App.-Dallas 2003, pet. granted, remanded by agreement); Zapata v. Ford Motor
Credit Co., 615 S.W.2d 198, 201 (Tex.1981). Trespass to chattel is distinguished from conversion in Texas:
"Texas classifies an interference with a chattel that `compels the defendants to pay the full value of the
thing with which he has interfered' as conversion; but, if the interference with chattel does not require the
defendant to pay full value, it `may constitute trespass to chattels.'" Omnibus, 111 S.W.3d at 826, quoting
Prosser & Keeton on Torts § 14, at 85-86 (5th ed.1984).

TRESPASS TO REAL PROPERTY / LAND

Trespass to real property requires a showing of an unauthorized physical entry onto the plaintiff's property
by some person or thing.  Tex. Woman's Univ. v. Methodist Hosp., 221 S.W.3d 267, 286 (Tex. App.-
Houston[1st Dist.] 2006, no pet.); Ronald Holland's A-Plus Transmissions v. E-Z Mart Stores, Inc., 184
S.W.3d 749, 758 (Tex. App.- San Antonio 2005, no pet.).  The entry need not be in person but may be
made by causing or permitting a thing to cross the boundary of a property.  Id.  Trespass usually is
regarded as an intentional tort in the sense that it involves an intent to commit an act that violates a
property right, or would be practically certain to have that effect, although the actor may not know the act he
intends to commit is such a violation.  Harris County v. Cypress Forest Pub. Util. Dist., 50 S.W.3d 551, 554
(Tex. App.- Houston [14th Dist.] 2001, no pet.).
Warwick Towers Council of Co-Owners v. Park Warwick, LP (Tex.App.- Houston [14th Dist.] Oct. 8,
2009)(Boyce)(opinion on remand) (water damage, subogation claim,
trespass)  
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Boyce      
Before Justices Anderson, Guzman and Boyce  
14-05-00254-CV        Warwick Towers Council of Co-Owners, by and through St. Paul Fire & Marine
Insurance Company v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments,
L.L.C.    
Appeal from
113th District Court of Harris County



D & KW Family, LP v. Bidinger (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Radack)
(property access dispute,
easement by necessity, trespass)
AFFIRM TC JUDGMENT:   
Before Chief Justice Radack, Justices Alcala and Hanks. Opinion by
Chief Justice Sherry Radack
01-08-00260-CV D & KW Family, L.P. v. Kimberly Kay Bidinger and Alfredo Arturo Ballestas
Appeal from 190th District Court of Harris County
Trial Court Judge:
Hon. Jennifer Walker Elrod  



HOUSTON APPELLATE COURT CASES  | TEXAS CASE LAW |

CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | TEXAS COURT OF APPEALS OPINIONS  

HOUSTON OPINIONS HOME PAGE