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§ 732.Action By Person Aggrieved By Waste

Title 10. Actions In Particular Cases · Chapter 2. Actions for Nuisance, Waste, and Willful Trespass, in Certain Cases, on Real Property · Last amended 1979 · Last verified July 28, 2026

In one sentenceSection 732 lets any person aggrieved by waste committed on real property by a guardian, conservator, life tenant, tenant for years, joint tenant, or tenant in common bring an action against that person, with treble damages available in the judgment.

Full Text of § 732

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If a guardian, conservator, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.

Plain-English Summary

Waste happens when someone with a limited interest in property — rather than full ownership — damages or degrades it in a way that harms whoever holds the remaining or future interest. Section 732 names the categories of people who can commit actionable waste: guardians, conservators, tenants for life or years, joint tenants, and tenants in common.

Anyone aggrieved by that waste can sue the person who committed it, and the judgment in that action can award treble damages — three times the actual harm — giving the remedy real teeth against tenants and fiduciaries who damage property they don't fully own.

Frequently Asked Questions

Who can be sued for committing waste on real property under § 732?

A guardian, conservator, tenant for life or years, joint tenant, or tenant in common who commits waste on the property.

What can a plaintiff recover in a waste action under this section?

Judgment may include treble damages — three times the amount of actual harm caused by the waste.

Who is entitled to bring a waste action?

Any person aggrieved by the waste, typically someone holding a remainder, reversion, or co-tenancy interest affected by the wasteful conduct.

Amendment History

Amended by Stats. 1979, Ch. 730.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: waste real property california lawsuittreble damages waste tenant