QLDIn ForceAct
Property Law Act 2023
sec.19Voluntary waste or equitable waste by life tenant
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### sec.19 Voluntary waste or equitable waste by life tenant
A life tenant who commits voluntary or equitable waste in relation to land, other than under subsection (3) or (4) , is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land (the remainder person ).
If the interest of the life tenant is an equitable interest, the trustee for the remainder person may bring a proceeding for the damages on behalf of the remainder person.
A life tenant may commit voluntary waste in relation to land if an express or implied term in the document creating the life estate permits the waste.
A life tenant may commit equitable waste in relation to land if an express term in the document creating the life estate permits the waste.
(sec.19-ssec.1) A life tenant who commits voluntary or equitable waste in relation to land, other than under subsection (3) or (4) , is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land (the remainder person ).
(sec.19-ssec.2) If the interest of the life tenant is an equitable interest, the trustee for the remainder person may bring a proceeding for the damages on behalf of the remainder person.
(sec.19-ssec.3) A life tenant may commit voluntary waste in relation to land if an express or implied term in the document creating the life estate permits the waste.
(sec.19-ssec.4) A life tenant may commit equitable waste in relation to land if an express term in the document creating the life estate permits the waste.