A man brought a writ of waste against a woman and supposed by his writ that she had committed waste in respect of a wall and one hundred apple trees and had cut down one hundred oaks and a grange.
Kirkton. As to the wall we ask judgment if this can be called waste as this is outside the case of the statute; and as to the apple-trees they were uprooted by the great wind and we cut them up etc., judgment if this is waste. As to the grange it was blown down by the wind; as to the oaks we cut them down to repair the grange and the plaintiff took and carried them off; judgment etc.
Belknap. As for the wall he says that it was covered with tile etc. and asks for judgment and seeks that she be convicted etc. As to the apple-trees he says that they were knocked down by the great wind and fell on the crops and many of the roots lay in the ground and we say that the trees bore fruit for two years afterwards until he uprooted them; judgment etc. and we seek that he be convicted. As to the grange he says it decayed for lack of roofing, ready etc. And as she admits the cutting down of the oaks if it be found that she has committed waste in the grange the waste in respect of the oak-trees is sufficiently clearly admitted, and so etc.
Kirton. She will not be convicted of waste of the oak-trees as he himself took them and carried them off (and this was not allowed as for this she would have a writ of trespass against the same plaintiff).
Kirton. It is necessary that he plead with us as by saying that we have made waste in respect of the oak-trees but this was not allowed because if she is convicted of waste in the grange she will be convicted of waste committed in respect of the oak-trees etc.
Citations:
[1370] [Co. Litt 53a [b]]
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.196944