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 ?
Considering the record-breaking crowds on Friday and Saturday of this year's tournament, our goal to divert 100 percent of tournament waste away from landfills is a significant undertaking," said Dave Aardsma, Waste Management chief sales and marketing officer.
When levels of IMPL2 rise, fat, muscle and other tissues can no longer consume sugar and begin to waste away.
According to official date provided by Her Majesty''s Revenue and Customs, Waste Away was fined PS42,000 on taxes of PS57,586 for the period between November 2010 and February this year, while the directors of the Volunteer Arms Ltd was fined PS40,832 on unpaid taxes of PS58,332 over the period between May 2011 and this January.
The Co-operative's waste back-haul project helps divert all food store waste away from landfill whilst also radically reducing road miles and operating costs.
Latest figures from Environment Agency Wales show Denbighshire and Isle of Anglesey Councils have used the least amount of their allowance to divert biodegradable waste away from landfill.
Yes, some people will make it as actors and film script writers but many just waste away the years.
The court heard how Rashid paid Paul Siviter pounds 30 to take the waste away but it was fly-tipped.
But first, how did Bale's wife, Sibi Blazic, cope with watching him waste away for half a year?
WasteStar extracts waste away quickly and hygienically from the dishwash food scrapping area and from the food preparation area.
When the motor neurons can no longer send impulses to the muscles due to ALS, the muscles begin to waste away (atrophy), causing increased muscle weakness.
Name the food store chain which plans to divert all its waste away from landfill?
He said he lived above the shop and had that he had made arrangements with an unknown male to take waste away from his property.

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