Is Conversion Law only applicable in properties and civil cases?
Conversion may be used in both civil and criminal proceedings. The kind of property concerned determines what conversion is. Only personal property is subject to a claim for conversion; actual property is not. Real property is ground or buildings that are affixed to it, such as a house.
A conversion would require a deliberate act of taking rather than an accident. An essential component that must be established is intent. Although the crime needs the “intentional” taking of the property, the “intent” is not required to be malicious or even motivated by self-interest. Only the reality that the property was taken is addressed by the intentional component.
The reason for the defendant’s action is typically not regarded as a material point or one that really counts. Rather, regardless of the defendant’s motivation, the question is whether the personal property was taken or had its use interfered with deliberately by the defendant.
Motor vehicles; jewelry; electronics; cash; stocks, bonds, or other financial instruments; property that was supposed to be delivered to the plaintiff but wasn’t; building supplies (especially in disputes with contractors); and other valuables are just a few examples of the numerous items that would be considered personal property and could give rise to a claim for conversion.
