Also known as: waste property · wasted property · waste · permissive waste · voluntary waste
Written by attorneys · grounded in primary & secondary sources — see below
A breach of duty by a holder of a limited possessory interest in land that impairs the value of the property for those entitled to future interests. The duty prohibits intentional physical damage, failure to make reasonable repairs, and neglect that endangers the land's usefulness as security.
A life tenant in possession of Blackacre cuts and sells mature timber without the remainderman's consent. The remainderman sues to enjoin further cutting and recover damages. The court holds the tenant committed waste by impairing the land's value for the future interest.
A life tenant holding land in fee tail preserved for a single lifetime cuts mature timber from the estate and sells it without the remainderman's consent. The remainderman sues to enjoin further cutting and recover damages. The court holds the tenant's privilege to use the land is limited by the duty not to commit waste.
A mortgagor in possession notices a leaking roof on the mortgaged house but makes no repairs. The roof timbers rot and collapse, reducing value below the mortgage balance. The mortgagee sues for waste and obtains an order compelling correction of the damage.
Select any source to read its text and confirm it supports the definition.
An earthquake damages the house on Blackacre while the mortgagor is in possession. The mortgagor does not repair the damage. The mortgagee claims waste. The court finds no waste because the earthquake was an act of nature and the mortgagor did not cause the deterioration.
A mortgagor in possession of improved real estate notices a leaking roof but makes no repairs. Rain damage causes the roof timbers to rot and the roof to collapse, reducing the property's value below the mortgage balance. The mortgagee sues for waste and obtains an order compelling correction of the damage.
A mortgagor discovers serious but previously unknown structural defects in a building on the mortgaged land. The defects cause foundation cracks, yet the mortgagor takes no remedial action. The mortgagee claims waste. The court finds no waste because the mortgagor was unaware of the defects when the mortgage was given and did not cause the deterioration.
Waste includes intentional physical damage to the real estate, failure to make reasonable repairs, and allowing prior tax or assessment liens to become delinquent. The concept has expanded beyond classic common-law damage to protect the mortgagee's security interest in the property's value.
Yes. The tenant enjoys the same use privileges as a fee simple owner but remains subject to the duty not to commit waste. Cutting and selling timber without consent impairs the value for the remainderman and violates that duty.
A mortgagee may recover damages from a third-party trespasser who commits waste, but the mortgagee may not treat the third party's acts as a default by the mortgagor or foreclose on that basis. The mortgagor is not responsible for waste by persons outside the mortgagor's control.
…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…