Equity's Role in Defining Property Rights

12 Pages Posted: 27 Nov 2023 Last revised: 20 Feb 2024

Date Written: February 17, 2024

Abstract

What is the relationship between property and equity? Does equity define property rights, and if so how? This essay sketches the relationship between equity and property, and it discusses the doctrines that say equity will act (or only act) to protect property rights. It concludes by considering, and resolving, an apparent contradiction between the the proposition that equity is distinctively in personam and distinctively in rem.

Keywords: equity, property, injunction

Suggested Citation

Bray, Samuel L., Equity's Role in Defining Property Rights (February 17, 2024). Available at SSRN: https://ssrn.com/abstract=4615711 or http://dx.doi.org/10.2139/ssrn.4615711

Samuel L. Bray (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

HOME PAGE: http://law.nd.edu/directory/samuel-bray/

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