How Equity and Custom Transformed American Waste Law

Charlotte School of Law Property Law Journal, Vol. 2, No. 1, p. 1 (2015)

53 Pages Posted: 12 Sep 2023

See all articles by Duane Rudolph

Duane Rudolph

University of San Francisco School of Law

Date Written: May 15, 2011

Abstract

The article shows that US state courts transformed property law involving waste of land by relying on English equitable or customary law, often in favor of sympathetic plaintiffs, between the Revolutionary War and roughly 1820. The paper casts as incorrect Morton Horwitz’s celebrated view that American courts departed from English common law in property cases. The paper also demonstrates how American courts innovated English remedies law not by overturning English precedent but by relying on English precedent in the name of vulnerable plaintiffs in the US.

Keywords: property, land, chancery, patriotism, country, waste law, tenant, landlord, waste, conscience, custom, contract, common law, equity, land use

JEL Classification: K11, K12

Suggested Citation

Rudolph, Duane, How Equity and Custom Transformed American Waste Law (May 15, 2011). Charlotte School of Law Property Law Journal, Vol. 2, No. 1, p. 1 (2015), Available at SSRN: https://ssrn.com/abstract=2403458 or http://dx.doi.org/10.2139/ssrn.2403458

Duane Rudolph (Contact Author)

University of San Francisco School of Law ( email )

United States
(415) 422-7722 (Phone)

HOME PAGE: http://https://www.usfca.edu/law/faculty/duane-rudolph

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