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 ?
Danforth hadn't set his board down before rock and rolls, front rocks, body jars, frontside roll-ins, slob airs and Smith stalls had been laid to waste.
Once again his thoughts were laid to waste by a remarkable case in which a wife claimed she was kidnapped and raped when in fact she had gone looking for a legover in a wine bar after leaving her husband in a pub.
By the time you read this, it will have been more than two months since the Indian Ocean tsunami laid to waste thousands of miles of coastline in Indonesia, Sri Lanka, India, Thailand, Somalia, the Maldives, Malaysia, Myanmar, Tanzania, Bangladesh, Kenya and the Seychelles.
Sri Lanka's 'ground zero' stretched along 400 miles of coastline, not counting the 11 other countries' coastal communities laid to waste.
Even the old colliery buildings have been laid to waste, grassed over and replaced by supermarkets and rugby pitches.
He has been sculpted from the spare rib of a world laid to waste by America's foreign policy: its gunboat diplomacy, its nuclear arsenal, its vulgarly stated policy of "full spectrum dominance," its chilling disregard for non-American lives, its barbarous military interventions, its support for despotic and dictatorial regimes, its merciless economic agenda that has munched through the economies of poor countries like a cloud of locusts, its marauding multinationals that are taking over the air we breathe, the ground we stand on, the water we drink, the thoughts we think.
He said: "I was in Scotland last September and I saw the work being done - people taken off drugs rehabilitated - and you saw just how much talent is being laid to waste by this evil.
There is growing evidence that the trawlers may not only have scooped up all the fish but also laid to waste the entire seafloor environment those fish required to survive.
Before that occurred, though, careers were laid to waste, reputations were needlessly ruined.
By the end the most elite circles are laid to waste, leaving only the author standing.
Urban War is a fast-paced strategic role-playing game that will challenge instincts to exist in a world laid to waste by greed and violence.