Minnesota Statutes

Minn. Stat. § 561.17 (2026)

Action For Waste

✓ current as of May 2026

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If a guardian, tenant for life or years, joint tenant, or tenant in common, of real property, commits waste thereon, any person injured by the waste may bring an action against the waster therefor, in which there may be judgment for treble damages, forfeiture of the estate of the party offending, and eviction from the property. Judgment of forfeiture and eviction can only be given in favor of the person entitled to the reversion, against the tenant in possession when the injury to the estate in reversion is adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done in malice.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1988–2023 · leading case: Nelbach v. Nelbach (D.C. 2023).

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Nelbach v. Nelbach (D.C. 2023). “2 (2022); Minn. Stat. § 561.17 (2022); N.Y. Real Prop.”

In re the Trust Known as Great N. Iron Ore Props., 419 N.W.2d 498 (Minn. Ct. App. 1988). · cites it 2× “Minn. Stat. § 561.17 (1986). The result of these multiple considerations is that the trustees may disburse funds as they see fit and, at the same time, must protect themselves from actions for waste.”

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