In a writ of waste the plaintiff counted that he had committed waste in respect of hazels and oak trees. And in respect of all except the hazels Belknap pleaded no waste committed and in respect of them he said that they were growing in a park under great oaks and were of an age to be felled and we ask for judgment whether this is to be adjudged waste.
Kirton. We tell you that there is an area in the wood where the waste is assigned and no oaks grow there and no other large trees except for hazels etc. and he has committed waste and we ask that he be convicted for the waste committed.
Belknap. Since you do not deny that they were of an age for cutting after seven years growth and were then cut since waste is that which is cut and will not grow again but underwood at the end of seven years will be as good as it was at the time of cutting and this cannot be adjudged waste where it is suitable for cutting every seven or ten years.
THORPE, C.J. You who have an estate for term of life cannot allege a prescriptive title that this is not waste.
FINCHDEAN, J. (ad idem). He has said that there were no great trees growing in that area but there was an area growing a certain quantity of wood and whatever wood that was you committed waste if you cut it down.
WITCHINGHAM, J. If the underwood is suitable for cutting every nine years a tenant in dower or tenant for life can cut it down.
But this was denied and the case was adjourned. So query.
Citations:
[1366] [Co. Litt. 53a (l)]
Jurisdiction:
England and Wales
Cited by:
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 24 November 2022; Ref: scu.196937
