Section 833. Recovery of fee damages by the owner of a possessory estate for life or for years  


Latest version.
  • 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.