Sparta, TN asked in Real Estate Law, Land Use & Zoning and Probate for Tennessee

Q: Can a life tenant cut down trees to sell as firewood for profit in tennessee?

Is that considered as waste?

1 Lawyer Answer
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.

To answer your question would require a full consultation including investigation and and analysis of the facts. You might be interested to know that there are two Tennessee Supreme Court cases that upheld a life tenant's right to cut down trees. But every case is different. That is why a full consultation would be necessary.

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