Chapter 9. Waste
TITLE 25
Property
General Provisions
CHAPTER 9. WASTE
§ 901. Liability in actions for waste.
If any tenant by the curtesy, tenant in dower, or tenant for life or years commits waste, during the tenant's estate or term, of the houses, woods or any other thing belonging to the tenements so held, without special license in writing, the tenant shall be liable to an action of waste.
Code 1852, § 1756; Code 1915, § 3323; Code 1935, § 3788; 25 Del. C. 1953, § 901; 70 Del. Laws, c. 186, § 1.;
§ 902. Liability of an assignee and tenant in possession.
If the assignee of the estate of either of the tenants commits waste, the assignee shall be liable to an action of waste. If, notwithstanding assignment, the tenant remains in possession and commits waste, the tenant shall be liable to an action of waste in the same manner as if no assignment were made.
Code 1852, § 1757; Code 1915, § 3324; Code 1935, § 3789; 25 Del. C. 1953, § 902; 70 Del. Laws, c. 186, § 1.;
§ 903. Liability of husband or assignee of tenant.
If the husband of a tenant in dower or for life, or if an assignee of such tenant, commits waste, he shall continue liable to an action of waste, notwithstanding the decease of his wife.
Code 1852, § 1758; Code 1915, § 3325; Code 1935, § 3790; 25 Del. C. 1953, § 903; 70 Del. Laws, c. 186, § 1.;
§ 904. Liability of cotenants.
A tenant in common, joint tenant or coparcener committing waste of the estate held in common, joint tenancy or coparcenary shall be liable to an action of waste at the suit of his or her cotenant.
Code 1852, § 1759; Code 1915, § 3326; Code 1935, § 3791; 25 Del. C. 1953, § 904; 70 Del. Laws, c. 186, § 1.;
§ 905. Actions by heirs.
An action of waste shall be maintainable by the heir for waste done in the time of the heir's ancestor, as well as in the heir's own time, and as well against the executors or administrators of the tenant who committed the waste, as against the tenant himself or herself.
Code 1852, § 1760; Code 1915, § 3327; Code 1935, § 3792; 25 Del. C. 1953, § 905; 70 Del. Laws, c. 186, § 1.;
§ 906. Accidental fire in house not waste.
(a) A person in whose house or chamber fire accidentally begins shall not be answerable for waste.
(b) No contract between landlord and tenant shall be contravened by this section.
Code 1852, § 1761; Code 1915, § 3328; Code 1935, § 3793; 25 Del. C. 1953, § 906.;
§ 907. Service of writ; judgment by default.
A writ of waste shall be served in the same manner as a writ of dower. There shall be no process of pone or attachment; and if the writ is served and the defendant does not appear at the return, there shall be judgment by default, unless the court deems it proper to allow further time for the defendant's appearance.
Code 1852, § 1762; Code 1915, § 3329; Code 1935, § 3794; 25 Del. C. 1953, § 907.;
§ 908. Procedure upon death of either party.
The action for waste shall not abate by the death of either party, but the heir shall be admitted to prosecute the action for waste on the death of the plaintiff. If the defendant dies, the defendant's executors or administrators may be made parties by a writ of scire facias.
Code 1852, § 1763; Code 1915, § 3330; Code 1935, § 3795; 25 Del. C. 1953, § 908; 70 Del. Laws, c. 186, § 1.;
§ 909. Judgment.
In an action of waste the plaintiff shall recover the place wasted and double damages.
Code 1852, § 1764; Code 1915, § 3331; Code 1935, § 3796; 25 Del. C. 1953, § 909.;
§ 910. Writ of estrepement.
During the pendency of an action of ejectment or of an action of waste to recover the place wasted, the court in which the action is pending may award a writ of estrepement to prevent waste being committed on the premises which are the subject of such action.
Code 1852, § 1765; Code 1915, § 3332; Code 1935, § 3797; 25 Del. C. 1953, § 910.;
§ 911. Injunction or writ of estrepement upon petition of lienholder.
Upon the petition of a person holding any lien upon real estate, whether by judgment, recognizance, mortgage, or otherwise, the Court of Chancery may, in a proper case, award an injunction, or the Superior Court of the county, wherein such real estate is situate, may award a writ of estrepement, for the purpose of restraining waste upon the premises subject to the lien.
Code 1852, § 1766; Code 1915, § 3333; Code 1935, § 3798; 25 Del. C. 1953, § 911.;