Hausmann v. Hausmann
Illinois Appellate Court, Fifth District
596 N.E.2d 216 (Ill. App. Ct. 1992)
Esther Buckley conveyed George Hausmann (defendant) a life estate in a property, with the remainder passing to his nephew Charles Hausmann (plaintiff) upon George's death. George failed to pay the 1986 taxes, allowing the property to be sold for delinquent taxes to George's own stepson by prearrangement; Charles redeemed the property by paying the back taxes and sued George for waste, seeking an injunction requiring George to pay future taxes. The trial court denied the injunction, George still didn't pay the 1987 taxes, the property again went to a tax sale, and Charles this time was the highest bidder himself, ultimately recovering actual and punitive damages at trial.
Whether a life tenant's failure to pay real estate taxes can give rise to a cause of action for waste.