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This entry was published on 2014-09-22
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SECTION 833
Recovery of fee damages by the owner of a possessory estate for life or for years
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 8
§ 833. Recovery of fee damages by the owner of a possessory estate for
life or for years. When the ownership of land is divided into a
possessory estate for life or for years and one or more future
interests, and a person having none of these interests causes damage to
such land, the damages recoverable by the owner of such possessory
interest from the wrongdoing third person may include damages caused to
interests in the affected land other than those owned by parties to the
action or proceeding when, but only when, all living persons who have
either a possessory or a future interest in the affected land are
parties thereto. The court in which any such recovery of damages occurs
shall make such direction for the distribution of the damages recovered
among the persons who are parties to the action or proceeding and for
the protection of the interests of persons who are not parties thereto,
as justice may require.

A tenant for life or for years in the land damaged is entitled to
receive from the recovery, in satisfaction of the damage to his estate
or interest, either a sum in gross or the earnings of a sum invested for
his benefit. The determination as to whether a sum in gross or the
earnings of a sum invested shall be awarded to the owner of such
particular estate shall be governed by the provisions with respect to
the proceeds of a sale in partition.