Estrepement

The writ of estrepement ( eh-STREEP-mənt), or de estrepamento ( DEE-eh-STREP-ə-MEN-toh), was a writ in common law countries that would be used to prevent estrepement, a type of 'voluntary waste' (a change in condition of real property brought about by a current tenant that damages or destroys the value of that property). The waste that the writ would issue to prevent would be waste that occurred in response to a lawsuit seeking possession of the land, or a judgment against the waster where possession had not yet been delivered.

England

In his Commentaries, Blackstone noted that this common law writ would lie originally to prevent waste that took place between judgment in a real action and delivery of possession by the sheriff. Following the Statute of Gloucester, a writ of estrepement pendente placito would lie to prevent estrepement pending the outcome of a case. Either writ empowered the sheriff to prevent such waste, allowing him to imprison the waster, and even to raise a posse comitatus to assist him. According to Finlason, the basic writ of estrepement was an original writ that had to be sued out of chancery, whereas the writ pendente placito was a writ issued from the bench.

Where the tenant is alleged to have disobeyed the writ, a venire facias would issue and the tenant would be attached. The standard pleading in response was to deny any waste contrary to the writ, and the issue would be tried by a jury, with the outcome resulting in a conviction for contempt of court.

When John Puckering was Lord Keeper, one of his actions was to restrict the issuance of writs of estrepement, as well as other writs such as audita querela, unless he allowed it. Holdsworth suggests this might have been part of an effort to keep the courts of common law from entering into matters of equity.