waste

Action or inaction by a possessor of land causing unreasonable injury to the holders of other estates in the same land. An abuse or destructive use of property by one in rightful possession. Spoil or destruction, done or permitted, to lands, houses, gardens, trees, or other corporeal hereditaments, by the tenant thereof, to the prejudice of the heir, or of him in reversion or remainder. 2 Bl.Comm. 281. Camden Trust Co. v. Handle, 132 N.J.Eq. 97, 26 A.2d 865, 869.

A destruction or material alteration or deterioration of the freehold, or of the improvements forming a material part thereof, by any person rightfully in possession, but who has not the fee title or the full estate. An unreasonable or improper use, abuse, mismanagement, or omission of duty touching real estate by one rightfully in possession, which results in its substantial injury. Unreasonable conduct by owner of possessory estate that results in physical damage to real estate and substantial diminution in value of estates in which others have an interest. Pleasure Time, Inc. v. Kuss, 78 Wis.2d 373, 254 N.W.2d 463, 467.

The term implies neglect or misconduct resulting in material damage to or loss of property, but does not include ordinary depreciation of property due to age and normal use over a comparatively short period of time. First Federal Sav. & Loan Ass'n of Coffeyville v. Moulds, 202 Kan. 557, 451 P.2d 215, 220.

It is the violation of an obligation to treat the premises in such manner that no harm be done to them, and that the estate may revert to those having an underlying interest, undeteriorated by any willful or negligent acts. Camden Trust Co. v. Handle, 130 N.J.Eq. 125, 21 A.2d 354, 358.

The primary distinction between "waste" and "trespass" is that in waste the injury is done by one rightfully in possession. Camden Trust Co. v. Handle, 132 NJ.Eq. 97, 26 A.2d 865, 867, 869.

The early English doctrine was to the effect that anything which changed the character or nature of the land, notwithstanding the fact that it was an improvement thereto, constituted "waste."

Old English criminal law.

A prerogative or liberty, on the part of the crown, of committing waste on the lands of felons, by pulling down their houses, extirpating their gardens, plowing their meadows, and cutting down their woods. 4 Bl.Comm. 385.

In General

@ ameliorating waste

/amiyl(i)yareytii) weyst/

Change in the physical characteristics of property by an unauthorized act of the tenant but an act which adds value and improves the property. A tenant is usually not liable for such waste.

+

An act of lessee, though technically constituting waste, yet in fact resulting in improving instead of doing injury to land. Generally, equity will not enjoin such waste

@ commissive waste

Active or positive waste; waste done by acts of spoliation or destruction, rather than by mere neglect; the same as voluntary waste (see below).

@

- double waste.

@ equitable waste

Injury to a reversion or remainder in real estate, which is not recognized by the courts of law as waste, but which equity will interpose to prevent or remedy. Otherwise defined as an unconscientious abuse of the privilege of non-impeachability for waste at common law, whereby a tenant for life, without impeachment of waste, will be restrained from committing willful, destructive, malicious, or extravagant waste, such as pulling down houses, cutting timber of too young a growth, or trees planted for ornament, or for shelter of premises.

+ equitable waste

Injury to the corpus of property inconsistent with good management or husbandry and recognized by a court of equity but not by a court of law

@ impeachment of waste

Liability for waste committed, or a demand or suit for compensation for waste committed upon lands or tenements by a tenant thereof who has no right to commit waste. On the other hand, a tenure "without impeachment of waste" signifies that the tenant cannot be called to account for waste committed.

@ nul waste

The name of a plea in an action of waste, denying the commission of waste, and forming the general issue. also no waste

+ nul waste

No waste. The name of a plea in an action of waste, denying the committing of waste, and forming the general issue.

@ no waste

The name of a plea in an action of waste, denying the commission of waste, and forming the general issue. also nul waste

@ permissive waste

That kind of waste which is a matter of omission only, as by tenant letting premises fall into disrepair by not making reasonable maintenance repairs expected of tenant.

@ voluntary waste

Active or positive waste; waste done or committed, in contradistinction to that which results from mere negligence, which is called "permissive" waste.

Voluntary waste is the willful destruction or carrying away of something attached to the freehold, and "permissive waste" is the failure to take reasonable care of the premises. Voluntary or commissive waste consists of injury to the demised premises or some part thereof, when occasioned by some deliberate or voluntary act, as, for instance, the pulling down of a house or removal of floors, windows, doors, furnaces, shelves, or other things affixed to and forming part of the freehold.

Contrasted with "permissive waste" (above)

@

- writ of waste