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 ?
Nigeria has a thriving repair market, but no capacity to safely deal with electronic waste, most of which winds up in landfills and informal dumps.
Reynolds says his system covers the "entire umbrella" of biomedical, anatomical and cytotoxic wastes, adding a Ministry of Environment official once described his technology as a "one-stop shop.
At present, Antelope Valley residents have to wait for one of the semiannual waste roundups to dispose of their household wastes.
of Los Angeles, specializes in the removal of solid waste.
EPA ordered an extensive cleanup of the site, and a group of companies that arranged for liquid wastes to be disposed at the site conducted the cleanup.
There's no magic alchemy involved--just a growing business called waste exchange.
Tribal leaders say that storing the nation's nuclear wastes on their land will bring jobs and money to the reservation.
According to Prince, vitrification can work with almost any form of waste -- from soil contaminated by lead or radon, to medical wastes, industrial sludges, and radioactive wastes.
Because infectious and hazardous wastes have the potential to be created at every bedside in a nursing home, the training and education component of the plan is particularly important.
Supreme Court also considered a challenge to Alabama's waste disposal tax.
During the summer of 1988, a public outcry arose when medical waste -- syringes, blood vials, and other medical debris -- washed up on beaches along the Atlantic, Gulf and Great Lakes coasts.
Faced with the closure of many of its municipal landfills, one state has gone so far as to ban all yard wastes from its landfills.