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Casebook Read Credits
Property Law CUNY Fall 2022
Resource 4 . 4 . 2
6 minutes

Woodrick v. Woods, 1004 WL 236287 (1994)

Rebecca Bratspies

It should be no surprise that there are often property disputes between the life tenant and future interest holders. The life tenant may be motivated to maximize her short-term economic gain, while the future interest holders usually want the property to be maintained in its original condition. The common law doctrine of waste developed to resolve such disputes. In general, this doctrine imposes a duty on the life tenant to use the property in a manner that does not significantly injure the rights of the future interest holders.

If the life tenant makes a significant physical change that increases the value of the property, is she liable for waste? Our next case (which is unreported) explores this question.

As you read this, ask yourself:

1) If removing the barn increased the value of the property, why did Woodrick sue? Should it make a difference in the outcome of the case if Woodrick had a strong emotional attachment to the barn stemming from her childhood?

 

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