Estrepement Law and Legal Definition

Estrepement is the name of a writ at common law preventing a party in possession of land in dispute from committing waste after judgment is obtained in any real action, and before possession is delivered by the sheriff. To estrepe means to commit waste injuring the value of a reversionary interest. The writ is also issued for contempt in case of disobedience to the injunction of the writ. In some states in the U.S, the writ is issued for the benefit of owner of lands leased for years, as an order to the tenant to leave the place.

“A writ of estrepement operates to prevent the occupier of land from committing waste. A writ of estrepement is awarded to prevent prospective waste, it does not redress prior waste”. [Furness v. Patterson, 1998 Del. Super. LEXIS 338, 5-6 (Del. Super. Ct. 1998)]