Waste Lawyers

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Most Common Real Estate Issues

What Is Waste?

When someone has a future interest in a property, the person in possession of the land has a duty to maintain it in a manner that is not destructive to the future interest. This is called the duty not to create waste. Common examples of this situation are life estates and leases, where the current possessor must preserve the land for the future possessor or landowner.

What Actions Are Considered Waste?

In most areas, waste is not regulated by statute and so what is considered waste is often determined by neighborhood custom and the character of the land. Generally, there are two types of waste:

What Damages Can a Future Possessor Recover for Waste?

If waste has occured, damages may include:

Do I Need a Lawyer?

The law of waste is very complex and can differ drastically from state to state. If you are concerned about the state of your interest in a piece of property, an experienced real estate attorney can help you identify the law in your area and advise you of your rights.  An attorney can also represent you in court.

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Last Modified: 11-13-2013 10:42 AM PST

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