Chapter 9-4 Conversion of Real Property

• Jurisdiction: United States

9-4 Conversion of Real Property

9-4:1 Overview

A defendant converts personal property when he exercises an unlawful control and dominion over that property to the exclusion of and inconsistent with the property's rightful possessor.²⁰ However, Texas courts have clearly stated that an action only lies when the defendant converts personal property.²¹

9-4:1.1 Related Causes of Action

Oil and Gas Litigation: Conversion, Business Tort Litigation: Conversion, Trespass to Real Property

MUST READ CASES

Cage Bros. v. Whiteman, 163 S.W.2d 638 (Tex. Comm'n App. 1942)

Lucio v. John G. & Marie Stella Kenedy Mem'l Found., 298 S.W.3d 663 (Tex. App.— Corpus Christi 2009, pet. denied)

9-4:2 Expressly Rejected in Texas

The Texas Commission of Appeals impliedly rejected a cause of action for conversion of real property.²² Recent courts of appeals decisions have expressly rejected such a cause of action.²³ The correct cause of action to bring in such a situation is a trespass to real property cause of action.²⁴ Some minerals, once removed from the mineral estate, become personal property and may be converted.²⁵

¹⁸ Morgan Stanley & Co., Inc. v. Tex. Oil Co., 958 S.W.2d 178, 179 (Tex. 1997) ("[A]...