waste

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Waste

In real estate, a change in a property's value caused by a lessee or another person who has possession but no ownership rights. Waste usually results in a reduction in the property value, for which the owner ordinarily is entitled compensation. Waste may be positive or negative; positive waste results from the possessor's act, while negative waste results from his/her omission. An example of the former is destroying the floor with a sledge hammer, while an example of the latter is neglecting a termite infestation for so long that the floor collapses.

waste

An abusive or destructive use of property by someone who is entitled to possession but who does not have complete ownership rights, such as a tenant, mortgage borrower, or a joint owner.Waste is more than normal wear and tear and implies neglect or misconduct. Contrast with trespass, which is damage by one who is not entitled to possession.There are three types of waste:

1. Voluntary waste (also called affirmative waste) is an intentional change to property resulting in damage to the property.

2. Permissive waste (also called negligent waste) is a failure to maintain property, so that it deteriorates in value.

3. Ameliorative waste occurs when the changes increase the value of the property. In some jurisdictions, a court will still award damages because the owner is entitled to have its property remain in the same condition, without being subjected to others' opinions regarding whether it was improved or not. Other jurisdictions refuse to allow damages, finding that the owner has been benefited by the actions.

References in periodicals archive ?
An increase in the waste disposal cost has to be accompanied by a simultaneous increase in the waste collection charge, the environmental tax, and the monitoring effort.
Utilize the computerized database to track ongoing waste disposal activities.
Now a new guidance note to local authorities on the control of landfill gases effectively requires waste disposal contractors to monitor and, if necessary, control methane gas emissions on all landfill sites.
With the fast growing economic progression, the solid waste disposal market of China has expanded quickly.
The issues we are currently exploring with Merseyside Waste Disposal Authority do not relate to the Wrexham landfill site.
Situation 2: The facts are the same as in Situation 1, except that N accounted for waste disposal costs as a production cost in calculating its inventory costs for all years.
I believe the PETT will eliminate the waste disposal problem in the military.
In addition, steel and iron mill sludges which have become a large waste disposal problem in the steel industry, have been successfully agglomerated through a process of pressure agglomeration.
said Thursday it has signed a deal to dispose of industrial waste on behalf of industrial waste disposal cooperatives in Chiba Prefecture starting next April.
The city needs the new waste disposal project's capability, and it will take 32 months to complete;
With its passage a certainty this year, Congress then will turn its attention to item number two on its environmental agenda: solid waste disposal.
lot 1: Community hotel - ctc1 - ctc2 - ctc3 - social cohesion offices at the eureka building - sin-le-noble waste disposal center - roost warendin waste disposal site - cuincy waste disposal site - arleux waste disposal center - eco-district house - lgendoria building.

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