What is common law?

Common law refers to a body of law that has evolved from customs, traditions, and judicial decisions over time, rather than being enacted through legislative statutes. It is primarily built upon precedents established by court rulings, which are then used as guiding principles in future cases. This characteristic of being based on court decisions allows common law to adapt and develop organically as society changes, reflecting current values and practices.

In the context of real estate and legal situations, common law plays a crucial role in dictating property rights, obligations, and the resolution of disputes. Many real estate laws and principles stem from common law origins, emphasizing its importance in the legal landscape. This foundational aspect of common law distinguishes it from laws that are formally enacted by legislative bodies, which are codified and documented as statutes.