The Difference Between Trover and Trespass

When dealing with torts and the law, you might run into a bit of confusion in regards to trover and trespass. This article is an overview on each, in the last section you will clearly be able to see the differences between each lain out for you. The law can sometimes be tricky to fully grasp but with comprehensive overviews such as this, it can be easily understood.

We all pretty much know what trespass is. It is the entry on property by which there is no permission. Or, the taking of property, either by force, violence or simply without permission.

What is the Action of Trover?

Trover, or trover for conversion, means to recover personal property or the value of it. Trover is derived from the word trouver, which means "finding, or to be found".

There has always been arguments when it comes to finding something. Remember the old saying: "finder's keepers loser's weepers." Let's learn about when is it illegal to find something and take it or control it.

Here is one example: Person A has various personal items. Person B found them and converted them to best suit his or her needs. Person A found out and demanded the items be returned immediately but Person B refused.

In this case, two things would have to be proven in order for Person A to get their items back. Where did the possession of the property take place and was it lawful? Was there a wrongful conversion?

What Does Conversion Mean?

When dealing with trover, it is important to realize that it does not necessarily mean that the property has changed in any way shape or form. In most cases there has been no alteration. This is where many people get confused. It simply means that the wrong person exercised control over the property whereby they used it for their own personal use. This causes a violation to the rightful property owner's rights.

It is also important to note that a conversion can take place even if the person who is not the owner does not get any use out of the property, but does in fact control the property in a manner inconsistent with the rightful owner's rights.

What is the Difference Between Trover and Trespass?

While trespass and trover may seem very much alike, they are not. In fact there are a few ways to tell the difference. Below are some distinctions that can help you understand the actions better:

The damages that can be recovered for each offense are different.

Trespass cases must prove that the taking was wrongful, whereas, in trover the actual "taking" is immaterial. When dealing with trover, wrongful detention must be proven.

The wrongful taking or removing another person's property applies to trespass which interrupts possession. Whereas with trover and the conversion, no "taking or removal" must take place- it is instead more about the wrongful interruption or the control of the property.