Real Property Remedies

Question 1

What are the typical remedies in a real property context?

Answer 1

1. Ejectment
2. Damages
3. Injunctions

Note: all operate the same in a property context as they do in a contract or tort context.

Question 2

Encroachments

Answer 2

Trespasses where D’s structure invades P’s property.

Note: P entitled to:
1. Damages
2. Ejectment and
3. Injunction

Question 3

Waste

Answer 3

Occurs where there is an “injury” to real property by one with
a present interest against a future interest holder.

Question 4

Voluntary Waste

Answer 4

Deliberate, destructive act. The remedy is damages for the diminution of value or the cost of repair, and/or
an injunction.

Question 5

Permissive Waste

Answer 5

Property is poorly maintained. The remedy is damages for the cost of repair. Injunction is not usually available because supervision problems make
enforcement infeasible.

Question 6

Ameliorative Waste

Answer 6

Present interest holder makes
impermissible improvements to the property that actually
enhance the property’s value. Though a present interest holder is
not permitted to do this, there are no damages because there is no loss in value. However, an injunction may be granted.