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 ?
We are not assured that this cargo would in fact be delivered to Gaza, as in the past C* most of the humanitarian aid was laid to waste in Israel," Chang added.
Across the districts of Durg, Bilaspur, Raipur and Mahasammund, fields have been laid to waste.
It laid to waste all its claim of controlling match fixing and spot fixing.
The smoke that clears from barren hills & burning towns is the pastoral laid to waste.
Those boxers came in a combined 30-5 with solid reputations before each was laid to waste by a body blow from Rodriguez.
He also touched on environmental stewardship, noting the hypocrisy of condemning other countries for deforestation when North Americans have laid to waste so much of their land.
Despite the nearby rubble of destroyed houses, and tracts of land laid to waste by bulldozers and tanks, the mood was defiantly sunny.
But what good will money be in a world laid to waste by a festive environmental disaster?
However the course of Shackletons ambition was soon laid to waste when the Endurance ground to a halt in the pack ice of the Weddell Sea.
Instead it was laid to waste with shortsightedness by the US-sponsored rulers of Iraq, and vindictiveness on the side of Iran's leadership.
Of course, Henson's critics - that ever-swelling majority of the moralistic - will claim that this most recent upfield surge into the tabloid news pages is no isolated incident, but just another example of a great talent being laid to waste.
And United were laid to waste again just before the half hour when Jamie Smith's ball over the top released Mackie.