Conn. Gen. Stat. § 52-563

Liability for waste by tenant for life or years

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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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Notes of Decisions

Cited in 5 cases, 1991–2010 · leading case: Zauner v. Brewer

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Zauner v. Brewer (1991) conn · cites it 31× “Ward, and as to whether the defendant had committed waste actionable by the plaintiff under General Statutes § 52-563 2 and subject to immediate relief in damages, we reverse.”

Adamo v. Adamo (2010) connappct · cites it 9× “On appeal, the defendant argues that the court should have relied on General Statutes § 52-563, which concerns liability for waste by a tenant for life or years, 5 in its determination of the plaintiffs liability.”

Gaynor v. Payne (2002) conn · cites it 2× “See General Statutes § 52-563. Because we conclude that the grandchildren were not bound by the release because they were not parties thereto, it is not necessary to reach the two additional issues raised in this appeal, namely, whether the trial court improperly concluded that…”

Sealy Connecticut, Inc. v. Litton Industries, Inc. (2000) ctd · cites it 2× “§ 52-481 (Count Five); breach of lease as to Litton (Count Seven); waste as to Litton under Conn.Gen.Stat. § 52-563 (Count Eight); trespass (Count Nine); negligence (Count Ten); and negligence per se (Count Eleven).”

State v. Morrissette (2003) conn “Section 52-563 also authorizes appeals from a final judgment.”

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