Any person who, having no greater interest in real property than an estate for years, or for life, created by the act of the parties and not by the act of the law, commits waste upon the premises, beyond what tenants for years or life created by operation of law may do, shall be liable to the party injured in an action on this section, unless he was expressly authorized, by the contract under which the interest is created, to do the acts complained of.
(1949 Rev., S. 8304; P.A. 82-160, S. 232.)
History: P.A. 82-160 replaced “estate” with “property” and made a minor technical change.
If tenant for life cuts fruit trees, it is waste. 24 C. 357. An estate created by devise is within statute. Id., 356. Whether tenant of life estate created by will is liable for waste depends upon terms of will. 45 C. 527. Mortgagee not liable for waste. 46 C. 213. Waste by one having dower interest. 84 C. 202. Life tenant may be liable under section to pay damages to owner for either voluntary or permissive waste before termination of the tenancy. 220 C. 170.
Term “waste” relates to real estate and does not relate to personalty. 5 CS 502.
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