2A:65-4 - Waste between parceners, tenants in common or joint tenants; procedure
2A:65-4.Ā Waste between parceners, tenants in common or joint tenants; procedure
When 2 or more persons hold property in common, as tenants in common or joint tenants, and 1 or more of them commit waste, action shall lie against theĀ person or persons committing the waste.Ā After judgment in such action, theĀ defendant may elect either to have the common property partitioned or to giveĀ such security as the court shall deem sufficient, not to commit any furtherĀ waste.Ā If the defendant shall elect to have the property partitioned, the partĀ assigned to him shall include that portion of the property wasted.Ā IfĀ defendant does not elect to have the property partitioned or if the wasteĀ exceeds the value of his share of the property, the plaintiff shall recoverĀ damages therefor against such defendant.
Ā
L.1951 (1st SS), c.344.
When 2 or more persons hold property in common, as tenants in common or joint tenants, and 1 or more of them commit waste, action shall lie against theĀ person or persons committing the waste.Ā After judgment in such action, theĀ defendant may elect either to have the common property partitioned or to giveĀ such security as the court shall deem sufficient, not to commit any furtherĀ waste.Ā If the defendant shall elect to have the property partitioned, the partĀ assigned to him shall include that portion of the property wasted.Ā IfĀ defendant does not elect to have the property partitioned or if the wasteĀ exceeds the value of his share of the property, the plaintiff shall recoverĀ damages therefor against such defendant.
Ā
L.1951 (1st SS), c.344.