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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.


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 ?
Permission would also be necessary in advance to buy or rent a waste disposal facility in order to prevent gangsters from using such facilities.
Utilize the computerized database to track ongoing waste disposal activities.
In EC countries there are apparently more problems with waste disposal than in the U.
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At the beginning of the summer a majority of the Council -- 34 of the 51 would oppose any waste disposal program that included a new incinerator.
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The new waste disposal rules make it illegal to throw out so-called universal waste, which includes electronics and appliances that contain mercury or other heavy metals.
Most health care administrators now address only the costs directly related to waste disposal.
Advocates for the plan say that all avenues of waste disposal, including incinerators, are critical if the city is to properly maintain its solid waste.
The "hard hammer" was a Congressional dictum to halt hazardous waste disposal by that date, even if it would penalize industry because an EPA-approved disposal plan adequate to implement the ban might not be in position.

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