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Simple English definitions for legal terms
estrepement
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A quick definition of estrepement:
Estrepement is a type of damage that happens when someone strips or destroys land, causing harm to the person who will own it in the future. This is especially bad when there is a legal case going on to decide who will own the land. In the past, there was a legal document called a de estrepamento that could be used to stop someone from causing this kind of damage while the case was being decided. However, this document is no longer used because there are other ways to get the same result.
A more thorough explanation:
ESTREPEMENT
Estrepement is a type of waste that involves stripping or damaging land to the detriment of the reversioner, particularly during a lawsuit for possession. De estrepamento is a historical writ used to prevent waste by a tenant while a suit to recover the land is pending against them.
- A tenant who cuts down all the trees on a piece of land while a lawsuit for possession is pending is committing estrepement.
- If a tenant is using a property for illegal activities that damage the land, such as dumping hazardous waste, this could also be considered estrepement.
These examples illustrate how estrepement involves actions that harm the land and the rights of the reversioner, particularly during a legal dispute over possession of the property.