Estrepement in United Kingdom

Meaning of Estrepement

The following is an old definition of Estrepement [1]: Permanent injury, destruction; waste.Writ of estrepement. This lay at common law, after judgment in a ” real ” action, and before possession was delivered by the sheriflf, to stop any waste which the vanquished party might be tempted to commit. Now, by an equitable construction of the statute of Gloucester, 6 Edw. I (1280), c. 13, and in advancement of the remedy, a writ of estrepement, to prevent waste, may be had in every stage, as well of such actions wherein damages are recovered, as of those wherein only possession is had; for, peradventure, the tenant may not be able to satisfy the demandant his full damages. It is, then, a writ of preventive justice. The same object being attainable by injunction, the writ became obsolete in England, and was impliedly abolished by Stat. 3 and 4 Wm. IV (1834), o. 37, § 36. In Pennsylvania, after an action in ejectment has been begun, the plaintiff may have the writ to prevent destruction of the premises: he having first given a bond, with sureties, conditioned to indemnify the defendant against damage. The court hears the parties in a summary manner, and makes such order as seems just; and it may order an inspection of the premises.

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Notes and References

1. Concept of Estrepement provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)