Also known as: vastus · waste
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that damages or destroys the value of real property by a person with a limited possessory interest such as a life tenant or mortgagor. The impairment gives the holder of the future interest or the mortgagee a claim for damages or an injunction to protect the property's value.
Veronica Villanueva ships hazardous waste from her out-of-state plant to a disposal site in State A. State A charges her a higher surcharge than it charges in-state generators for identical waste. The differential fee is struck down because it discriminates on the basis of origin and lacks congressional authorization.
Valerie Viera holds a fee tail preserved for a single lifetime. She cuts and sells mature timber from the land without the remainderman's consent. The remainderman obtains damages because her privilege to use the land is limited by the duty not to commit waste.
Select any source to read its text and confirm it supports the definition.
Vaughn Valentine owns a solid-waste facility outside State B. State B requires all waste generated inside its borders to be processed at a designated in-state plant before export. The ordinance is invalidated because it blocks interstate commerce and protects local processors.
Vera Vargas operates a private composting business. State C enacts an ordinance directing all municipal waste to a government-owned facility. The ordinance survives review because it favors a public provider performing a traditional government function rather than private economic protectionism.
Vincente Vukovic borrows against Blackacre and later removes valuable fixtures without the mortgagee's consent. The mortgagee sues for waste because the removal impairs the security and reduces the property's value below the loan balance.
Vivian Velez holds a life estate in Greenacre. She fails to repair a leaking roof, causing structural rot. The remainderman obtains an injunction because the neglect constitutes waste that diminishes the property's long-term value.
The mortgagee may foreclose, obtain an injunction, or recover damages limited to the amount of the waste. The choice among remedies belongs to the mortgagee.
The tenant enjoys the same privileges of use except that the tenant must not commit waste. The limitation preserves the land for the remainderman.
Failure to repair constitutes waste when it causes substantial damage beyond ordinary wear and tear and impairs the mortgagee's security. Natural disasters or hidden defects do not qualify as waste.
No. Discriminatory surcharges based on the origin of the waste violate the Dormant Commerce Clause unless Congress has expressly authorized the discrimination.
No. When the ordinance directs waste to a government-owned facility performing a traditional public function, it receives more lenient review and is often upheld.
…this technique, two agents are employed. Mutt, the relentless investigator, who knows the subject is guilty and is not going to waste any time. He's sent a dozen men away for this crime and he's going to send the subject away for the full term. Jeff, on the other hand, is obviously a kindhearted man. He has a family…