waste Hear it!

waste definition - legal

n

Permanent harm done to real property by a person or persons in legal possession of that property (such as a tenant), such that the propertyÂ’s value to its actual owner or future inheritor is diminished. The legal possession part is critical in distinguishing waste from trespass.
ameliorating waste
An unauthorized physical change of an occupied structure by a tenant that, while technically waste, actually increases the value of the property, such as tearing out old carpeting and putting in new, better quality carpeting. Such an act is rarely considered grounds for liability.
equitable waste
Damage done by a lifelong tenant who normally would be unchallengeable, but who may be enjoined by the court using the standard of variance from what a prudent man would do with his own property.
hazardous waste
By-product of certain industries or activities, determined to be of unusually dangerous nature, e.g., radioactive waste, generally subject to special rules of disposable and/or recycling. 
permissive waste
Damage done by a tenantÂ’s failure to make reasonable repairs that he might normally be expected to see to, such as allowing water to accumulate in a leaky basement over the course of years.
voluntary waste
Damage directly caused to the property by a voluntary act of the tenant, such as filling in drainage ditches or punching a hole in the roof.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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