Waste

Del. Code tit. 25, ch. 9
in effect

Del. Code tit. 25, § 901 Liability in actions for waste.

If any tenant by the curtesy, tenant in dower, or tenant for life or years commits waste, during the tenant’s estate or term, of the houses, woods or any other thing belonging to the tenements so held, without special license in writing, the tenant shall be liable to an action of waste.

Del. Code tit. 25, § 902 Liability of an assignee and tenant in possession.

If the assignee of the estate of either of the tenants commits waste, the assignee shall be liable to an action of waste. If, notwithstanding assignment, the tenant remains in possession and commits waste, the tenant shall be liable to an action of waste in the same manner as if no assignment were made.

Del. Code tit. 25, § 903 Liability of husband or assignee of tenant.

If the husband of a tenant in dower or for life, or if an assignee of such tenant, commits waste, he shall continue liable to an action of waste, notwithstanding the decease of his wife.

Del. Code tit. 25, § 904 Liability of cotenants.

A tenant in common, joint tenant or coparcener committing waste of the estate held in common, joint tenancy or coparcenary shall be liable to an action of waste at the suit of such tenant in common’s, joint tenant’s or coparcener’s cotenant.

Del. Code tit. 25, § 905 Actions by heirs.

An action of waste shall be maintainable by the heir for waste done in the time of the heir’s ancestor, as well as in the heir’s own time, and as well against the executors or administrators of the tenant who committed the waste, as against the tenant.

Del. Code tit. 25, § 906 Accidental fire in house not waste.

(a) A person in whose house or chamber fire accidentally begins shall not be answerable for waste. (b) No contract between landlord and tenant shall be contravened by this section.

Del. Code tit. 25, § 907 Service of writ; judgment by default.

A writ of waste shall be served in the same manner as a writ of dower. There shall be no process of pone or attachment; and if the writ is served and the defendant does not appear at the return, there shall be judgment by default, unless the court deems it proper to allow further time for the defendant’s appearance.

Del. Code tit. 25, § 908 Procedure upon death of either party.

The action for waste shall not abate by the death of either party, but the heir shall be admitted to prosecute the action for waste on the death of the plaintiff. If the defendant dies, the defendant’s executors or administrators may be made parties by a writ of scire facias.

Del. Code tit. 25, § 910 Writ of estrepement.

During the pendency of an action of ejectment or of an action of waste to recover the place wasted, the court in which the action is pending may award a writ of estrepement to prevent waste being committed on the premises which are the subject of such action.

Del. Code tit. 25, § 911 Injunction or writ of estrepement upon petition of lienholder.

Upon the petition of a person holding any lien upon real estate, whether by judgment, recognizance, mortgage, or otherwise, the Court of Chancery may, in a proper case, award an injunction, or the Superior Court of the county, wherein such real estate is situate, may award a writ of estrepement, for the purpose of restraining waste upon the premises subject to the lien.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title25/c009/index.htmlFetched: 10/4/2026