What happens if a life tenant removes a fixture that is on the property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens if a life tenant removes a fixture that is on the property?

My stepmother has a life estate to live on property (house, etc.) that I own. My father and I had a right to survive on the property so when he passed away I became the sole owner on the deed. Without my knowledge or consent my stepmother had a large shed removed and given to someone else. This shed has been on the property for 14 years. It had a level shale pad created initially for it to sit on. It was large (approx 14 ft x 29 ft) and when installed electricity installed from the main house as well as lighting. I would like to know if the removal of the shed would be considered as creating “waste” to me and if I would be able to collect damages due to depreciation of the property.

Asked on January 21, 2016 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you should be able to sue her for compensation: the life tenant has no right to damage or remove fixtures or structures from the property and can be held liable for their loss. Bearing in mind that you'd have to sue her, depending on the value of the shed, it may or may not be economically worthwhile to do this, but that is a different question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption