Also known as:intermeddles · intermeddled · intermeddling · intermeddler
Written by attorneys · grounded in primary & secondary sources — see below
Unauthorized interference with property or a dangerous condition. The interference occurs when a person handles or uses a chattel without permission or meddles with a hazardous artificial condition that children may encounter on land.
Sources & Authorities
How it applies
Common Examples
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Child Encounters Open Service Pit
Rico left a car raised on a hydraulic lift above an open pit in an unfenced bay. Ten-year-old Mia rode her scooter into the bay and stepped under the platform. Because of her youth Mia did not appreciate the risk of falling into the pit. Her intermeddling with the area triggered the possessor's duty to protect children from the dangerous condition.
Manager Displays Designer's Outfits
Roger left his rolling suitcase of designer samples at Stone Stores. Trevor retrieved the suitcase without permission and dressed mannequins with the outfits for a two-day promotion. Trevor's use and intermeddling with the chattels in Roger's possession formed the basis for a trespass to chattels claim even though the items were later returned.
Select any source to read its text and confirm it supports the definition.
Restatements
Study Supplements
State Aid to Religious Schools
A state statute provided salary supplements to teachers at religious schools. The program required ongoing state audits and curriculum oversight. The intermeddling created excessive entanglement between government and religion that violated the Establishment Clause.
Lemon v. Kurtzman403 U.S. 602 (1971)
Prison Accommodation for Religious Exercise
Ohio prison officials refused to accommodate inmates' religious practices. The inmates claimed the refusal amounted to government intermeddling that burdened their free exercise rights. The Court examined whether the policy created an improper entanglement with religion.
Cutter v. Wilkinson544 U.S. 709 (2005)
Mortgage Moratorium During Depression
Minnesota extended the period for redeeming mortgaged property during an economic emergency. Lenders argued the extension constituted legislative intermeddling with private contracts. The Court upheld the measure as a valid exercise of state power under the Contracts Clause.
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Public Display of Religious Symbol
A city erected a nativity scene on public property alongside secular holiday decorations. Challengers claimed the display represented government intermeddling in religious matters. The Court analyzed whether the context of the display conveyed an impermissible endorsement of religion.
Lynch v. Donnelly465 U.S. 668, 694 (1984)
Common questions
Frequently Asked
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What must a plaintiff show to establish intermeddling under trespass to chattels?+
The plaintiff must prove an intentional act of using or handling the chattel without permission. Liability requires that the intermeddling caused actual harm, dispossession for a substantial time, or impairment of the owner's rights. Minor or fleeting contact without measurable effect does not satisfy the element.
Supporting sources
How does a child's youth affect the intermeddling element in attractive nuisance cases?+
A child's youth is relevant because it may prevent the child from discovering the dangerous condition or realizing the risk of intermeddling with it. When this element is met along with the other requirements of the doctrine, the possessor owes a duty of reasonable care even to a trespassing child.
Supporting sources
Does temporary handling of personal property always constitute actionable intermeddling?+
No. Temporary handling supports liability only when it produces meaningful interference such as actual harm to the chattel or deprivation of use for a substantial period. Courts examine whether the interference impairs the owner's rights in a concrete way rather than merely amounting to trivial contact.
Supporting sources
Can removal of identifying labels from equipment qualify as intermeddling?+
Yes. Removing labels that are essential to the equipment's utility impairs the owner's ability to use and control the chattel. The alteration creates lasting harm even if the equipment is returned in working order, satisfying the harm element of trespass to chattels.
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 intermeddling with 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…