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.
Bray, Samuel L, Equity’s Role in Defining Property Rights (February 17, 2024).
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