Definition of Letting Property Go to "Waste"
My question involves real estate located in the State of: North Carolina
My girlfriend and I have lived on 1 half of an acre lot split into two parcels. Both parcels are deeded the same. My girlfriend is the remainderman and her father and mother have a life estate and are the life tenants.
Her mother passed away about a year ago. Her 80 y/o father has let a 35 y/o drug addict move in. She used our driveway to make drug deals as it is more covert than theirs. We installed a gate to stop this illegal activity.
We received a letter from his lawyer stating that we must remove the gate from the property within 72 hours, or he will have us evicted from the lot we have paid taxes on for 14 years.
In the letter it states "The life tenent has the right to use the property as he sees fit during his lifetime, so long as he pays the ad valorem taxes and doe not let the property go to waste.
What does "Waste" mean??
He has OCD and is a hoarder. When we became engaged 10 years ( two years after he changed the deeds) ago I moved in. The lots had several out buildings full of scrap. Building materials, tools, machines, steel raw stock, and old appliances and lawn equipment.
Soon after his son got a job at the local recycle center. He started to hoard all manner of useless junk. Exercise equipment, partially filled and empty UNMARKED 55 gallon barrels, and various other useless junk.
ALL tools, machines, and scrap metal has been removed and sold to support his girlfriends habit. Now the lot is full of useless junk. We have had an estate clearing company that clears estates and uses the scrap metals, and collectables as profit tell us that it would cost more than 3 times more in labor and landfill fees than BOTH lots are worth.
We were told by his son that when he wanted to remove trees from the property to make room for more junk that he could not remove the trees as they would "Devalue" the property.
I have paid the taxes on our lot for ten years and his lot for 2, and both lots cannot be sold due to the large amount of trash on his property
So do I have a leg to stand on, or am I SOL????
Re: Definition of Letting Property Go to "Waste"
A leg to stand on for what? You didn't tell us what you want to do.
Re: Definition of Letting Property Go to "Waste"
See Homeland, Inc. v. Backer, 78 N.C.App. 477, 481, 337 S.E.2d 114, 117 (1985) ("Waste, at common law, was any permanent injury with respect to lands, houses, gardens, trees, or other corporeal hereditaments by the owner of an estate less than a fee. Fleming v. Sexton, 172 N.C. 250, 90 S.E. 247 (1916)"). Case law on these issues tends to be older, and there may be a better definition that could be found by a lawyer in your state who is using a more complete case law database.
If you're also asking whether a remainderman has the right to install a gate across the life tenant's driveway, or if a remainderman has the right to live on property that is subject to the life estate simply by virtue of being a remainderman, the answers are "no" and "no".
Re: Definition of Letting Property Go to "Waste"
My question is letting the property accumulate "Junk" in excess of the counties Junk yard rules for private property ( I just found out this pm that it has) and said devaluation ( cost of removing junk) would be considered Waste, since the cost of removing the junk is greater than the value of the property (Both lots, including all structures including my own) Is this considered Waste?? I just want some ammo to fire back if the Life Tenant tries to remove me from the property.
Re: Definition of Letting Property Go to "Waste"
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Quoting
camman
My question is letting the property accumulate "Junk" in excess of the counties Junk yard rules for private property ( I just found out this pm that it has) and said devaluation ( cost of removing junk) would be considered Waste, since the cost of removing the junk is greater than the value of the property (Both lots, including all structures including my own) Is this considered Waste?? I just want some ammo to fire back if the Life Tenant tries to remove me from the property.
He does not have to try, he just has to decide. Violation of code sections that can give rise to a lien against the land could be waste. The life estate tenant has the duty to return the land to its original condition and the junk, without more, would not be waste.
But, an eviction would be quickly heard and easily won in a short time. An action in waste may take a long time to be heard and would have uncertain results at best. They would not be the same case or controversy and would not be heard at the same time.
Re: Definition of Letting Property Go to "Waste"
How about the decay and and neglected outbuildings containing the junk. Some are so rotten they are leaning at 30 deg angles? Anywho, thanks for the help. I will just get some astroglide and kiss the 40 grand I paid on the trailer, and the tax money goodby
Re: Definition of Letting Property Go to "Waste"
You are free to sue over the lack of maintenance of the outbuildings, if you believe it's worth the investment. But keep in mind, should you prevail, case law indicates that "The sole remedy of a remainderman is to seek an injunction to prevent a person in possession from committing future waste." Godfrey v. Patrick, 8 N.C.App. 510, 174 S.E.2d 674 (1970).
Re: Definition of Letting Property Go to "Waste"
This situation is going down hill fast. my only concern now is if the life tenant has us evicted how long will the process take. I'm very up to date on landlord tenant eviction, but not life tenant evicting a remainderperson. Again, thanks for Y'Alls time.
Re: Definition of Letting Property Go to "Waste"
You can discuss with your lawyer whether you would have a plausible argument that you are a tenant, as opposed to a guest who, once told to leave, can be evicted as a trespasser. Once notice requirements are met, eviction proceedings can progress very quickly.
Re: Definition of Letting Property Go to "Waste"
Can the remainderperson grant me a lease? I have made an appointment with an estate lawyer with a litigation background, but it is not until next week.
I'm no "Spring Chicken" This 60 deg. one day and 20 deg. the next weather has put me in more pain than I have delt with my whole life. But it doe's not compare with the pain I feel when I see what my soulmate has been dealing with from her own Father. Again Thanks.
Re: Definition of Letting Property Go to "Waste"
There is one effective countermeasure that I believe can be employed. It appears the remainder-man can sell the property and life tenant is only entitled to the value of their life estate. Subtract the waste and his life tenancy decreases in value significantly. I have provided a link to the source of my hypothesis.
See page 24
http://crlaw.com/news/wp-content/upl...ch-20-2012.pdf
Re: Definition of Letting Property Go to "Waste"
In the Lord of the Rings "The two Towers" the impenetrable fortress was breached by a single seemingly insignificant weakness. My goal is to win the battle, not the war. The war will be won by letting the battlefield implode on its self.
In any litigation I have learned from past trademark/copyright cases, it matters not who is in the right. The ONLY thing that matters is who has the most coin to spend on litigation.
My enemy is ignorant as so I'm I. But I have a skill of obtaining information. He doe's not ( without paying for it). Again I would like to thank all who have responded to my thread. I am a "SEABEE" I Am an "A#1CDMF" I will not quit. I will not give up.
Re: Definition of Letting Property Go to "Waste"
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Quoting
Disagreeable
There is one effective countermeasure that I believe can be employed. It appears the remainder-man can sell the property and life tenant is only entitled to the value of their life estate. Subtract the waste and his life tenancy decreases in value significantly. I have provided a link to the source of my hypothesis.
See page 24
http://crlaw.com/news/wp-content/upl...ch-20-2012.pdf
The remainderman can generally sell his/her remainder interest. He/she can't just abrogate the life tenancy. The life tenant would have to be willing to surrender the life estate.
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camman: Can the remainderperson grant me a lease?
Short of some very, very, very unusual provisions in the deed, no.