What are chattels?

• 'Chattel' is an old English term meaning ‘goods’ or ‘moveable property’. An action for trespass to chattels may be brought against a person who directly interferes with personal property in the possession of another person.
• For example if someone took your mobile phone from your bag without asking, dropped and broke it you would have an action for trespass to chattels. You would be able to claim damages in the form of:
  • the market value of the phone or the cost of repairing it; and
  • any loss you suffered as a result of not being able to use your phone.
• You cannot claim trespass to your property if the property that is interfered with is affixed to land. Objects affixed to land are not considered to be 'chattels'. They fall into a different category of property. For example the unlawful removal of a tree from a private property will not be considered as trespass to chattels but it may be considered a trespass to land. This is because a tree is permanently affixed to land. Another example includes machines that are permanently affixed to the property.