Thursday, August 4, 2011

Can flowers be considered personal property?

Mock scenario: bad neighbor has a debris pile that encroaches on plaintiff's property and destroys plaintiff's award-winning flowers. I know there is a cause of action for trespass and private nuisance, however there may or may not be one for trespass to chattels. It all depends on wether or not prize-winning flowers the plaintiff planted himself and cared for can be considered "personal property". Under most definitions flowers are real property. Do you think flowers can be considered personal property pertaining to these particular facts?

No comments:

Post a Comment