Trover is a legal action aimed at recovering the value of personal property that has been wrongfully converted by someone else for their own use. This action focuses on seeking compensation for the loss of the item rather than the physical return of the property itself. The compensation typically reflects the replacement value of the item before it was converted.
Trover is primarily used in civil law, particularly in cases involving personal property disputes. It is relevant when a person has taken or used someone else's property without permission. In modern legal practice, trover has largely been replaced by the broader action of conversion, which encompasses a wider range of wrongful acts involving property. Users can manage some aspects of these actions through legal forms available on platforms like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A person lends a bicycle to a friend, but the friend sells it without permission. The original owner can bring a trover action to recover the value of the bicycle.
Example 2: A contractor takes tools from a job site and uses them for personal projects. The tool owner can file a trover action to recover the tools' value. (hypothetical example)
| State | Trover vs. Conversion |
|---|---|
| California | Trover is largely replaced by conversion actions. |
| New York | Trover still exists but is often merged with conversion claims. |
| Texas | Conversion is the primary action used; trover is rarely invoked. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Trover | Action to recover the value of converted personal property. | Focuses on value recovery rather than return of property. |
| Conversion | Wrongful exercise of control over someone else's property. | Broader than trover; includes various forms of wrongful control. |
| Bailee | Person who temporarily holds another's property. | May not be liable for conversion unless they misuse the property. |
If you believe your property has been wrongfully converted, consider taking the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by attorney; consultation fees may apply. |
| Jurisdiction | Civil courts, varies by state. |
| Possible Penalties | Monetary compensation for the value of the property. |
Trover is specifically about recovering the value of property, while conversion is a broader term that includes various forms of wrongful control over property.