ASSAULT- ​Assault is the intentionally causing the reasonable apprehension of an immediate harmful or offensive contact.  Actual ability to carry out the apprehended contact is not necessary.


BATTERY- ​Battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (e.g. a hat, a purse). Unlike assault, battery involves an actual contact. The contact can be by one person (the tortfeasor) to another (the victim), or the contact may be by an object brought about by the tortfeasor. For example, the intentional contact by a car is a battery.

Since it is practically impossible to avoid physical contact with others during everyday activities, everyone is presumed to consent to a certain amount of physical contact with others, such as when one person unavoidably brushes or bumps against another in a crowded lift, passage or stairway. 


CONVERSION- A conversion is a voluntary act by one person inconsistent with the ownership rights of another. Conversion is the civil version of theft. However, Conversion is distinguishable from both theft . Theft is obviously an act inconsistent with another's rights, and theft will also be conversion. But not all conversions are thefts because conversion requires no element of dishonesty.


TRESSPASS TO LAND- What Does Trespass To Land Protect?

Trespass to land protects the possessory interest in land and includes the surface of the land, the earth or other material beneath the surface, and the air space just above the surface. 

To be subject to trespass to land a person must intentionally do one of the following three things:


(1) enter land in the possession of another, or cause a thing or person to enter on the land
(2) remain on the land when a license or invite status has been revoked
(3) fail to remove a thing from the land when under a duty to remove

In order for trespass to land to exist, there needs to be an intentional encroachment upon the property of another. This does not mean that the trespasser has to purposely desire to enter upon a particular person's land. Instead, "intentional" is the intended act of going on land, not belonging to the public or to the trespasser and without one of the defenses to trespass. 

A trespasser to land, unlike a trespass to chattel, may be liable even without a showing of compensable damages. Thus, a trespasser to land may be liable even if there was no actual monetary damages caused to the property.

What Is The Difference Between Nuisance And Trespass To Land?

The major difference between nuisance and a trespass to land is the interest being interfered with. In nuisance, a person is interfering with a current possessor's use and enjoyment of the property. Whereas, in trepass to land, the person is interfering with the exclusive possession and physical condition of the land.


One of the most common forms of trespass is when your neighbor's tree roots come onto and cause damage to your property.

​For more information call now. 718.966.0877.

JESSE DAVID EISENBERG, ESQ.


LITIGATION ATTORNEY