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 ?
It will not only divert all our food store waste away from landfill, but will also convert it into a valuable resource, which we believe sets new standards in waste management.
This would mean we are diverting more than half our waste away from landfill and gaining value from the majority of our rubbish and really will be a significant milestone.
The workshops, which run until March throughout Los Angeles County, are intended to turn local residents onto gardening methods that could divert waste away from landfills and reduce chemicals in storm water runoff.
Ten million turkeys being reared for the festive period are at risk from blackhead, which spreads through earthworms and causes the birds to waste away slowly.
State regulators also favor reuse because it diverts a large volume of solid waste away from landfills, conserving their limited capacity.
Let it not corrode and waste away in oblivion, leaving a bad taste behind.
Meanwhile shopping possibilities in the city waste away.
As for Agent Orange, McNamara knew about its potential deadly effects even as it was being used in Vietnam, and long before veterans came home to die or waste away from the herbicide's after effects.
PHOENIX -- Waste Management (NYSE: WM) today announced that it has surpassed the record-setting 97 percent waste diversion success achieved at the 2012 Waste Management Phoenix Open and it is on track to divert 100 percent of 2013 Waste Management Phoenix Open waste away from landfills and into recycling and composting facilities, as part of the tournament's Zero Waste Challenge.
A protein released by tumors is what causes cancer patients to waste away, studies of fruit flies suggest.
More than 50 of J & B Recycling's customers have now achieved zero waste to landfill accreditation in the last year by diverting all of their waste away from landfill.
I had a new kitchen fitted, rang up and they took half of my waste away.

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