The Real Estate Encyclopedia & Blog

Common Law

by | Jan 21, 2026

Common law is the body of law that originated in England and developed over time through judicial decisions based on customs, traditions, and court rulings rather than through written statutes alone. It evolved from long-standing practices used by English courts to resolve disputes and was later adopted, with modifications, by many countries including the United States. In real estate and other legal contexts, common law provides foundational principles governing contracts, property rights, and remedies, especially in situations not specifically addressed by statutory law. Courts continue to interpret and refine common law through case precedent, making it a flexible and evolving legal system that works alongside enacted legislation.