Legal Definitions - de estrepamento

DE ESTREPAMENTO

De estrepamento is a legal term that refers to a writ used to prevent a tenant from causing damage to a property while a lawsuit to recover the land is pending against them. It was only used as an auxiliary to a real action to recover land and was abolished by 3 & 4 Will. 4, ch. 27 because equity provided the same relief through injunction.

Estrepement is a type of waste that involves stripping or devastating land to the detriment of the reversioner, especially during a lawsuit for possession.

An example of de estrepamento would be if a tenant was being sued for possession of a property, but in the meantime, they started cutting down all the trees on the land, causing damage to the property. The writ of de estrepamento would be used to prevent the tenant from causing further damage until the lawsuit was resolved.

An example of estrepement would be if a tenant was being sued for possession of a property, but in the meantime, they started digging up the land and removing valuable minerals, causing damage to the property. This would be considered a type of waste and could be prevented through the use of a writ of de estrepamento.

These examples illustrate how de estrepamento was used to prevent tenants from causing damage to a property while a lawsuit for possession was pending. It was a way to protect the property and ensure that it was not further damaged before the lawsuit was resolved.