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46. Who, if anyone, is liable to the landowner's neighbor for conversion?
A landowner hired a tree specialist to cut down four trees, which he pointed out to the specialist before the specialist began work. Although the landowner reasonably believed that all the trees were on his property, three of the trees that were cut down were in fact on a neighbor's property.
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The tree specialist is also liable for conversion because he intentionally cut down and so severely interfered with the neighbor's interest in the three trees. The fact that the tree specialist was acting under the orders of the landowner does not relieve him of liability.
B is incorrect. The landowner's reasonable belief that the trees were his does not defeat liability for either the landowner or the tree specialist. The landowner and the tree specialist working in concert committed conversion by permanently depriving the neighbor of three trees.
C is incorrect. Conversion occurs when an actor intentionally interacts with an item that is the personal property of another and permanently deprives the other of possession. The tree specialist's actions meet the definition of conversion regardless of the fact that he was directed to take that action by the landowner.
D is incorrect. The tree specialist was hired by the landowner and cut down the trees at the direction of the landowner. Therefore, the landowner and the tree specialist are both subject to liability for conversion.