What is a waste in property law?
What is a waste in property law?
Waste is a term used in property law to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property.
What is tort waste?
In tort, a spoil or destruction to property, gardens, or other corporeal heriditaments, to the injury of the reversion or remainder. Its purpose is to prevent a limited owner despoiling the land to the detriment of those in reversion or remainder.
What is voluntary waste?
Also referred to as affirmative waste. In property law, refers to overt and willful acts of destruction that lead to the drop in value of a piece of property by harming the property or depleting natural resources available on the property.
What does equitable waste mean?
Equitable waste is wanton, malicious or unconscientious destruction, such as of houses or trees planted or left for purposes of ornament or shelter.
What is an example of ameliorative waste?
Ameliorating waste is an alteration in the physical characteristics of the premises by an unauthorized act of the tenant that increases the value of the property. For example, a tenant might make improvements that increase the value of the property, such as remodeling a bathroom.
What is a reversionary estate?
Reversionary interest in the context of real property or wills and estates means a reservation created in a real property conveyance that the property will revert back to the original owner upon the happening of a certain event.
What is estate of sufferance?
An estate at sufferance is one in which the tenant who has rightfully come into possession of the land retains possession after the expiration of the term. For example, a tenant who holds over after the expiration of a lease would be deemed to be holding an estate at sufferance.
What are the 4 main categories of waste?
For the purposes of this review these sources are defined as giving rise to four major categories of waste: municipal solid waste, industrial waste, agricultural waste and hazardous waste.
What does waste to the property mean?
Harmful or destructive use of real property by one in rightful possession of the property. Waste is an unreasonable or improper use of land by an individual in rightful possession of the land. Voluntary waste is the willful destruction or carrying away of something attached to the property.