In order for a conversion to occur, it used to need to be lost then found by some other person than the owner. In the process, it was a possible that the property could be converted.[33] Chattels converted have included a dog,[34] money[35] and tax receipts.[36] Land could not be the subject of an action in trover, since it could not be lost, then found and converted. The same was true for sand and gravel, timber, crops and fixtures, so long as they were considered as a part of the land. No action in trover could be had. Once there was severance from the land, these became personal property, and trover could be entertained because of removal from the land.[37][38][39][40][41][42]
Animals can be converted if they are removed, co-mingled, or injured.
Intangible rights
Intangible rights could not be lost or found, and the original common law rule was that there could not be a conversion of such. This restriction has been discarded for the most part.[43][44][45][46][47] In the absence of contravening evidence, the measure of damages for conversion of a negotiable instrument usually is taken to be its face value.[48]
Tangible and intangible property
The conception that an action for conversion lies only for tangible property capable of being identified and taken into actual possession is based on a fiction by which the action of trover was founded, namely, that the defendant had found the property of another, which was lost. This conception has become, in the progress of the law, something without meaning which has been discarded by most courts.[49][50] Therefore, it has been generally accepted that an action for conversion lies for every species of personal property which is the subject of private ownership, whether animate or inanimate.[51][52][53][54][55] Intangible property can be the subject of a conversion in the United States.[50][56] There cannot be an action in conversion for choses in action or mere debt.[57][58][59] Computer software can be the subject of a conversion.[56]
Both tangible items and intangible property can be the subject of a claim for conversion under United States law. In Kremen v. Cohen, 325 F.3d 1035 (9th Cir. 2003), when the domain name sex.com was wrongfully transferred to a con man, a claim for conversion was held to be available against the domain name registrar. In English law, however, the recent case of OBG Ltd. v. Allan [2007] UKHL 21 held intangible property cannot be the subject of a claim for conversion.
Written instruments
Stock certificates, bonds and commercial paper can be the subject of an action in conversion
A judgment that is in the nature of a debt of record, but has neither goods nor a chattel attached is not subject to a conversion, because the judgment creditor has no property in it.[60] A writ of execution can be the subject of a conversion, despite the fact that it is not private property.[61][62] Unpublished and published manuscripts, whether copyrighted or not can be the subject of a conversion, as can paintings, pictures, photos, letters, business books, pamphlets, newspapers and the like.[63][64][65] Insurance policies, stock certificates, bills of lading, securities, bonds and commercial paper can be converted.[66][67][68]
Real estate and property affixed thereto
The general rule is that an action for conversion lies only with respect to personal property, and cannot apply to real estate.[69][70] The fact that personal property is annexed to realty after its conversion usually does not prevent the maintenance of an action for the conversion, although opinion on this subject remains mixed. Actions for conversion of a building, machinery attached to a building or a grain elevator have been allowed.[71][72][73][74] Severance of property from real estate can be converted.[75] Buildings can be converted.[72][76] Manure can be converted.[77][78]
Acts constituting conversion
An action for conversion does not rest on knowledge[79][80][81] or intent of the defendant.[82] The act constituting "conversion" must be an intentional act, but does not require wrongful intent, and is not excused by care, good faith, or lack of knowledge.[83] Fraudulent intent is not an element of conversion.[84] The defendant is answerable for the conversion, no matter how good his intentions were, or how careful he has been, or how apparently well-founded was his belief that his tortious act was right.[85][85][86][87] The existence of probable cause does not preclude liability.[88] A person may be liable for conversion even though he was reasonably mistaken in thinking the facts to be such as would give him a legal right to the goods.[89][90]
There are cases in which the defendant does not clearly appropriate the property to his own use, and in which the question whether there is a conversion therefore depends on the intent of the defendant either express or implied.[91][92][93][94][95][96][97]
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