Also known as:intermeddling · intermeddle · interference with dominion
Written by attorneys · grounded in primary & secondary sources — see below
An intentional physical interference with a chattel in the possession of another that involves handling or use without consent. The interference need not cause physical damage or permanent loss to establish the act itself.
Sources & Authorities
How it applies
Common Examples
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Child Handling Attractive Nuisance
Six-year-old Antonio Alvarado climbed onto an unguarded construction site owned by Alpine Mining and began turning the valves on an exposed fuel tank. Because of his youth Antonio did not appreciate the risk of intermeddling with the tank. His actions constituted actual intermeddling that satisfied the condition element under the governing standard.
Engineer Copying Files from Drives
At a shared incubator Leo unplugged Maya’s external hard drives, connected them to his laptop, copied project files, and then replaced the drives. Leo’s deliberate unplugging and use of the drives amounted to actual intermeddling with chattels in Maya’s possession.
Select any source to read its text and confirm it supports the definition.
Restatements
Study Supplements
Tom, an Apex Auto mechanic, took Maria’s car from the service bay without permission and drove it across town to fetch parts. Tom’s unauthorized operation of the vehicle constituted actual intermeddling even though he returned the car undamaged.
Clerk Locking Laptop Bag
Clerk Miguel removed Dana’s unattended laptop bag from a lobby chair and locked it in a supply closet for an hour. Miguel’s removal and securing of the bag was actual intermeddling that deprived Dana of immediate access to her chattel.
Engineer Testing Rival Headset
Lina unlocked Marco’s workstation, removed his prototype headset, and tested it for several hours in another lab before returning it. Lina’s removal and extended testing constituted actual intermeddling that dispossessed Marco of his chattel for a meaningful period.
Dispatcher Moving Locked Bicycle
Ethan directed Luke to wheel Brock’s locked bicycle from a public rack into a fenced maintenance area where it remained inaccessible for eight hours. The physical relocation and continued withholding amounted to actual intermeddling with Brock’s chattel.
Common questions
Frequently Asked
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Does actual intermeddling require physical damage to the chattel?+
No. Actual intermeddling is satisfied by intentional handling or use that interferes with the possessor’s control. Liability can arise from temporary dispossession or unauthorized use even when the chattel is returned unharmed.
Supporting sources
How does actual intermeddling differ from conversion?+
Actual intermeddling supports trespass to chattels and covers lesser interferences such as temporary use or handling. Conversion requires a more serious exercise of dominion that effectively forces a sale, typically involving permanent deprivation or destruction.
Supporting sources
Can actual intermeddling occur when the chattel is returned the same day?+
Yes. The tort focuses on the intentional interference at the time it occurs. Returning the item may limit damages but does not negate the completed act of intermeddling or the resulting invasion of the possessory interest.
Supporting sources
What intent is required for actual intermeddling?+
The defendant must intend to perform the physical act of handling or using the chattel. No separate intent to cause harm or to permanently deprive the owner is necessary.
Supporting sources
521 U.S. 507 (1997)Property
…statement by Thomas Jefferson that he considered "the government of the United States as interdicted by the Constitution from intermeddlingwith religious institutions, their doctrines, discipline, or exercises," post , at 562 (internal quotation marks omitted); but it is quite clear that Jefferson did not in fact espouse the…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational