Right to Destroy

Question 1

What restrictions are placed on a late property owner’s rights to destroy after death?

Answer 1

A property owner’s right to destroy property after death is restricted by:

• whether destruction serves valid purpose
• whether destruction negatively affects others in community

Question 2

What restrictions are placed on a property owner’s rights to destroy in life?

Answer 2

Generally, the only restriction would be a public policy concern, for example, public health and safety risks due to asbestos in a house the owner wants to destroy. The following, however, will generally not bar a living property owner from his right to destroy:

• destruction will cause the reduction of surounding property value
• the property is listed as a Historical Site
• destruction will cause financial burden to the property owner