Legal Definitions - estrepement

Estrepement refers to a specific type of severe damage or destruction inflicted upon land or property by someone who is currently in possession but does not hold full ownership. This damage is typically done in a way that significantly reduces the property's value, often to the detriment of the person who is legally entitled to receive the property in the future (known as the "reversioner"). A common scenario for estrepement occurs when there is an ongoing legal dispute or lawsuit regarding the possession or ownership of the property, and the current occupant attempts to extract maximum value or inflict harm before potentially losing control.

• Example 1: Tenant Facing Eviction

  A commercial tenant, facing an eviction lawsuit from their landlord, knows they will soon lose possession of the leased warehouse. While the court case is still pending, the tenant begins to systematically dismantle and remove valuable built-in shelving, specialized machinery, and even sections of the internal office walls, causing substantial damage to the property's infrastructure before the court makes a final ruling.

  This illustrates estrepement because the tenant, while still in possession, is causing severe, deliberate damage (stripping/devastating) to the property. This action harms the landlord (the reversioner) who will regain possession of a significantly devalued property, and it occurs specifically while a legal suit for possession (eviction) is pending.

• Example 2: Disputed Land with Natural Resources

  Two neighboring landowners are engaged in a protracted legal battle over the exact boundary line between their properties, which includes a valuable stand of old-growth timber. While the lawsuit is ongoing and before a court can definitively rule on the boundary, one of the landowners rapidly hires a logging company to clear-cut all the timber from the disputed section, selling the wood for profit.

  Here, the landowner in possession of the disputed area is devastating the land by stripping its valuable natural resources (timber). This action directly harms the other landowner, who might eventually be determined the rightful owner of that section (the reversioner), and it occurs specifically during a pending legal suit for possession or ownership.

• Example 3: Property in Foreclosure

  A homeowner facing imminent foreclosure on their house, and while the bank's legal proceedings to take possession are still underway, intentionally removes all the copper piping, wiring, and built-in appliances, and even damages the walls and floors, making the house uninhabitable and significantly reducing its market value before the bank can legally seize it.

  This scenario demonstrates estrepement because the homeowner, knowing they are about to lose possession through legal action (foreclosure suit), is actively devastating the property by stripping valuable components and causing structural damage. This action directly injures the bank (the reversioner) which will take possession of a severely devalued asset.