waste
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.Â
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.
Comments
Improve this definition.
Share on Facebook