NC General Statutes

N.C. Gen. Stat. § 1-536 (2026)

Action by tenant against cotenant

✓ current as of July 2026

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Where a joint tenant or a tenant in common commits waste, an action lies against him at the instance of his cotenant or joint tenant. (13 Edw. I, c. 22; R.C., c. 116, s. 4; Code, s. 627; Rev., s. 856; C.S., s. 891.)

§ 1-537. Action by heirs.

Every heir may bring action for waste committed on lands, tenements, or hereditaments of his own inheritance, as well in the time of his ancestor as in his own. (6 Edw. I, c. 5; 20 Edw. I, st. 2; 11 Hen. VI, c. 5; R.C., c. 116, s. 5; Code, s. 628; Rev., s. 857; C.S., s. 892.)

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: Langley v. Moore, 307 S.E.2d 817 (N.C. Ct. App. 1983).

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Langley v. Moore, 307 S.E.2d 817 (N.C. Ct. App. 1983). “Therefore, if the demolition of the “Old Moore’s Store” pursuant to this contract constituted an act of waste, the defendant’s son as a cotenant must seek his relief in an action for waste against the defendant.”

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