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This entry was published on 2014-09-22
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SECTION 601
Damages for withholding real property obtainable in action to recover possession; set-off by defendant
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 6
§ 601. Damages for withholding real property obtainable in action to
recover possession; set-off by defendant. In an action to recover the
possession of real property, the plaintiff may recover damages for
withholding the property, including the rents and profits or the value
of the use and occupation of the property for a term not exceeding six
years; but the damages shall not include the value of the use of any
improvements made by the defendant or those under whom he claims. Where
permanent improvements have been made in good faith by the defendant or
those under whom he claims, while holding, under color of title,
adversely to the plaintiff, the value thereof must be allowed to the
defendant in reduction of the damages of the plaintiff, but not beyond
the amount of those damages.