Document Type
Article
Publication Date
2024
Publication Information
13 Brigham-Kanner Prop. Rts. J. 77 (2024).
Abstract
What is the relationship between property and equity? Does equity define property rights, and if so how? This Essay considers the relationship between equity and property. It shows equity will not straightforwardly create new forms of property, but it rather tends to control the exercise of property rights. The Essay also discusses the doctrines that say equity will act (or only act) to protect property rights. It concludes by considering, and resolving, an apparent contradiction about equity's relationship to property: on the one hand, equity is distinctively in personam, while on the other hand, it is distinctively in rem.
Recommended Citation
Samuel L. Bray,
Equity's Role in Defining Property Rights,
13 Brigham-Kanner Prop. Rts. J. 77 (2024)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1583
