Elements of Nevada's Theories of Liability

Waste

Waste

Elements

NRS 40.150 Action for waste; judgment may be for treble damages. If a guardian, tenant for life or years, joint tenant or tenant in common of real property commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.

Example Cases

Proof

Waste, as understood in law, is permanent or lasting injury done or permitted to be done by the holder of a particular estate to the inheritance, to the prejudice of any one who has an interest in the inheritance. Duvall v. Waters, 18 Am. Dec. 350; Dooly v. Stringham, 4 Utah, 107, 7 Pac. 405;Davenport v. Magoon, 13 Or. 3, 4 Pac. 299; Cooley, Torts, p. 302; 28 Am. Eng. Enc. Law (1st Ed.) 862. Waste and trespass are easily distinguished. Briefly stated, waste is the permanent or lasting injury to the estate by one who has not an absolute or unqualified title thereto. Trespass is an injury to the estate, or the use thereof, by one who is a stranger to the title. Duvall v. Waters, supra; Lander v. Hall, 69. Wis. 326, 34 N. W. 80; High, Inj. (3d Ed.) § 650. . . . Generally such action can be maintained by those who have an interest in the mortgaged premises, and would be losers by foreclosure. Price v. Ward, 25 Nev. 203, 849–50, 58 P. 849 (1899).

Damages

  • treble damages.

NRS 40.150

  • Not forfeiture

It is clear to us that the decided weight of authority refuses to allow forfeiture as a remedy for waste in the absence of a permissible statute. Nevada has no such statute. We conclude that the trial court erred in determining that this state adopted the Statute of Gloucester as a part of the common law.
Worthington Motors v. Crouse, 80 Nev. 147, 390 P.2d 229 (1964).

Defenses

Misc