A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
Iowa Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion: In Iowa, conversion refers to the wrongful act of intentionally interfering with someone's property, depriving them of their rightful possession. To maintain an action for conversion in Iowa, it is crucial for the plaintiff to establish a property interest in the disputed item or asset. One type of Iowa Instruction to Jury regarding the necessary property interest could be: 1. Iowa Instruction to Jury — Actual Ownership Interest: This instruction informs the jury that the plaintiff must prove that they have a valid ownership interest in the converted property. The plaintiff must demonstrate that they have a legal right to possess or control the item in question. Additionally, there are a few other types of Iowa Instructions to Jury that can help clarify the property interest requirement in an action for conversion: 2. Iowa Instruction to Jury — Custodial Interest: This instruction pertains to situations where the plaintiff does not own the property outright but has a contractual or custodial duty to possess, control, or protect it. For instance, if the plaintiff is entrusted with the temporary care, custody, or control of the property, they must demonstrate that the defendant wrongfully interfered with their custodial right. 3. Iowa Instruction to Jury — Equitable Interest: In certain circumstances, the plaintiff may have an equitable interest in the property, such as a beneficial interest or an interest arising from a trust agreement. This instruction advises the jury that if the plaintiff can establish such an interest, they may be entitled to maintain an action for conversion. It's important to reiterate to the jury that without a sufficient property interest, the element of conversion cannot be met. Each of these instructions helps guide the jury in evaluating the evidence and determining whether the plaintiff indeed possesses a property interest necessary to maintain an action for conversion. Keywords: Iowa, instruction to jury, property interest, action for conversion, actual ownership interest, custodial interest, equitable interest.
