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 ?
Ingenthron stresses that not all waste exports are bad.
The hazardous waste included heavy metals, metal-plating byproducts, arsenic and corrosive and caustic liquids, said state Department of Toxic Substances Control spokeswoman Jeanne Garcia.
His ESA technology uses a jacketed pressure vessel that's equipped with an arm assembly attached to a motor drive shaft that rotates to grind and break up all forms of solid and liquid waste.
Chester says the cornerstone of a responsible solid waste management policy for Michigan must include:
I researched and learned everything I could about transporting waste material and the process of how to bid on contracts and start my business," says Potter.
But such examples of Extended Producer Responsibility (EPR) are business-as-usual throughout Europe, where the concept of legislatively mandating manufacturers to take responsibility for the waste they create has taken firm root.
EPA targeted the foundry industry's hazardous waste management as an enforcement priority.
In fact, Mexico now has fewer landfills for hazardous waste than it did before the trade agreement, with only one legal facility operating in the entire country
From the very onset of the program, HVS-R/E Hospitality Waste Management Systems manages all aspects of the hotel's solid waste disposal - from renegotiating service arrangements to continuous cost-control monitoring and serving as the customer service department for each property in the management system.
The EPA was sued for failing to comply with the 1990 Clean Air Act, and a federal judge ordered the agency to propose standards for medical waste incinerators by February 1, 1995, with final standards in place by April 1, 1996.
The waste is trapped in the glass, like the green color in a beer bottle," says Prince.