Ky. Rev. Stat. » Chapter 381
Kentucky Revised Statutes

Ky. Rev. Stat. § 381.350 (2026)

Waste by tenant for life or years -- Forfeiture -- Damages

✓ current as of May 2026
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If any tenant for life or years commits waste during his estate or term, of anything belonging to the tenement so held, without special written permission to do so, he shall be subject to an action of waste, shall lose the thing wasted, and pay treble the amount at which the waste is assessed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2328.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1963–2023 · leading case: Hammons v. Hammons, 327 S.W.3d 444 (Ky. 2010).
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Hammons v. Hammons, 327 S.W.3d 444 (Ky. 2010). “350 provides remedies against a life tenant who commits waste: "If any tenant for life or years commits waste during his estate or term, of anything belonging to the tenement so held, without special written permission to do so, he shall be subject to an action of waste, shall…”
Clift v. RDP Co., 200 F. Supp. 3d 660 (W.D. Ky. 2016). · cites it 2× “Ky. Rev. Stat. § 381.350; see also Salyer’s Guardian v.”
Adams v. Adams, 371 S.W.2d 637 (Ky. Ct. App. 1963). “KRS 381.350 provides: “If any tenant for life or years commits waste during his estate or term, of anything belonging to the tenement so held, without special written permission to do so, he shall be subject to an action of waste, shall lose the thing wasted, and pay treble the…”
Guy Ferrill, III, as of the Est. of Willena T. Ferrill v. Stock Yards Bank & Trust Co., Tr. Under the Will of May T. Doty (Ky. 2023). · cites it 11× “Because the statutory language supports such a distinction, we re- affirm our long-standing case law and hold KRS 381.350 is applicable only in instances in which a party has pled voluntary waste.”
Bluegrass Materials Co., LLC v. Freeman (W.D. Ky. 2022). · cites it 4× “Waste Assuming that the Manning Lease is still in effect, Plaintiff alternatively asserts that Defendants have committed waste under Kentucky common law and KRS 381.350. (Compl. ¶¶ 98-105). Defendants seek dismissal of this claim.”
Judy Pruitt v. Tommy Kerr Esham (Ky. Ct. App. 2021). · cites it 3× “510, the parties’ separate claims relating to interpretation of the will, alleged waste by Appellee under KRS 381.350, and payment of debts under KRS 394.”
Margaret Springfield v. Thomas D. Springfield (Ky. Ct. App. 2022). · cites it 3× “As noted above, Thomas and Edward filed this action to terminate the life estate pursuant to KRS 381.350, which provides as follows: If any tenant for life or years commits waste during his estate or term, of anything belonging to the tenement so held, without special written…”
Nelbach v. Nelbach (D.C. 2023). “Ky. Rev. Stat. Ann. § 381.350 (West 2023); Mo.”
Bitler Inv. Venture II v. Marathon Petroleum Co. LP, 741 F.3d 832 (7th Cir. 2014). “2d 216, 220 (1992); Ky.Rev.Stat. § 381.350; cf. Snowden v. D.”
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