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 ?
Yet low-density suburban sprawl wastefully consumes large tracts of land, encouraging social dislocation, boredom and a dependency on the car.
Can one worship the Source of Love in any other way than by daring to love wastefully and abundantly?
Every decision--from leaving night lights on to buying those wastefully packaged juice boxes--is weighed: Does the child's happiness override the environmental cost, or should I stick to my eco-ideals no matter what?
You've heard the warnings before, but now you can see hard evidence: Sweeping photos of the destruction of Earth'sf forests; the draining of seas for agriculturalf use; the artificial glow of electric lights, often burning fossil fuels wastefully day and night, while obscuring astronomers' views of the night sky.
57 mins: Vossen slips an inch-perfect angled pass into the path of Albert Adomah, who wastefully fires a first-time shot over the bar.
Adam McGurk shot wastefully high in the first half when well placed for the Brewers.
Only a great save from Connor Grant denied Hamshaw a second, while Shaun Tuton shot wastefully wide after racing clear.
Mexico could have led inside 30 seconds as Carlos Salcido was able to pick out De Nigris far too easily with his long ball, but the striker fired wastefully wide.
Gervinho fired over with the first shot of the game and lashed wastefully wide following Drogba's superb control and lay-off but the opener finally arrived when Salomon Kalou crossed from the left for Chelsea team-mate Drogba to head home his 51st international goal.
In the second half, Palace's Jermaine Easter had a shot blocked and team-mate Aleksandar Tunchev headed wastefully wide.
Pompey replied immediately with a move that saw David Nugent wastefully hit a post from six yards after Crouch had set him up and it was not long before Traore saw a drive deflected behind for a corner.
Morecambe dominated the opening half-hour and could have scored a second when Diamuid O'Carroll blazed wastefully over after Garry Hunter's strong run down the right.