WASTE. An abuse or destructive use of property by one in rightful possession. Halifax Drainage Dist. of Volusia County v. Gleaton, 137 Fla. 397, 188 So. 374, 379.
Spoil or destruction, done or per- mitted, to lands, houses, gardens, trees, or other corporeal hereditaments, by the tenant thereof, to the prejudice of the heir, or of him in reversion or remainder. 2 Bl.Comm. 281. Camden Trust Co. v. Handle, 132 N.J.Eq. 97, 26 A.2d 865, 869, 154 A.L.R. 602.
A destruction or material alteration or deterioration of the freehold, or of the improve- ments forming a material part thereof, by any person rightfully in possession, but who has not the fee title or the full estate. Hayman v. Rownd, 82 Neb. 598, 118 N.W. 328, 45 L.R.A.(N.S.) 623; Thomas v. Thomas, 166 N.C. 627, 82 S.E. 1032, 1033, L.R.A.1915B, 219.
An unreasonable or im- proper use, abuse, mismanagement, or omission of duty touching real estate by one rightfully in possession, which results in its substantial injury. Thayer v. Shorey, 287 Mass. 76, 191 N.E. 435, 437, 94 A.L.R. 307.
Any unlawful act or omission of duty on the part of the tenant which results in permanent injury to the inheritance. It is the violation of an obligation to treat the premises in such manner that no harm be done to them, and that the estate may revert to those having an underlying interest, undeteriorated by any willful or negligent acts. Camden Trust Co.v. Handle, 130 N.J.Eq. 125, 21 A.2d 354, 358.
The early English doctrine was to the effect that any- thing which changed the character or nature of the land, notwithstanding the fact that it was an improvement thereto, constituted "waste." Whitehead v. Whitehead, Del.Orph., 181 A. 684, 685.
The primary distinction between "waste" and "trespass" is that in waste the injury is done by one rightfully in possession. Camden Trust Co. v. Handle, 132 N.J.Eq. 97, 26 A.2d 865, 867, 869.
Old English Criminal Law
A prerogative or liberty, on the part of the crown, of committing waste on the lands of felons, by pulling down their houses, extirpating their gardens, plowing their meadows, and cutting down their woods. 4 Bl.Comm. 385.
General Commissive waste.
Active or positive waste; waste done by acts of spoliation or destruction, rather than by mere neglect; the same as volun- tary waste. See infra.
Double waste. See Double.
Equitable waste.
Injury to a reversion or re- mainder in real estate, which is not recognized by the courts of law as waste, but which equity will interpose to prevent or remedy. Gannon v. Peter- son, 193 Ill. 372, 62 N.E. 210, 55 L.R.A. 701; Crowe v. Wilson, 65 Md. 479, 5 A. 427, 57 Am.Rep. 343.
Otherwise defined as an unconscientious abuse of the privilege of non-impeachability for waste at common law, whereby a tenant for life, without impeachment of waste, will be restrained from committing willful, destructive, malicious, or ex- travagant waste, such as pulling down houses, cutting timber of too young a growth, or trees planted for ornament, or for shelter of premises. Wharton.
Impeachment of waste.
Liability for waste com- mitted, or a demand or suit for compensation for waste committed upon lands or tenements by a tenant thereof who has no right to commit waste. On the other hand, a tenure "without impeachment of waste" signifies that the tenant cannot be called to account for waste committed.
Nul waste.
"No waste." The name of a plea in an action of waste, denying the commission of waste, and forming the general issue.
Permissive waste.
That kind of waste which is a matter of omission only, as by suffering a house to fall for want of necessary reparations. 2 Bl. Comm. 281; Willey v. Laraway, 64 Vt. 559, 25 A. 436; White v. Wagner, 4 Har. & J. (Md.) 391, 7 Am.Dec. 674.
Voluntary waste.
Active or positive waste; waste done or committed, in contradistinction to that which results from mere negligence, which is called "permissive" waste. 2 Bouv. Inst. no. 2394. "Voluntary waste" is the willful destruc- tion or carrying away of something attached to the freehold, and "permissive waste" is the failure to take reasonable care of the premises. Fisher's Ex'r v. Haney, 180 Ky. 257, 202 S.W. 495, 496.
Vol- untary or commissive waste consists of injury to the demised premises or some part thereof, when occasioned by some deliberate or voluntary act, as, for instance, the pulling down of a house or removal of floors, windows, doors, furnaces, shelves, or other things affixed to and forming part of the freehold. Regan v. Luthy, 11 N.Y.S. 709, 16 Daly 413. Contrasted with "permissive" waste.
Writ of waste. See that title.