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Simple English definitions for legal terms
affirmative waste
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A quick definition of affirmative waste:
Affirmative waste is when a tenant or life tenant intentionally damages or destroys a property, causing its value to decrease. This can happen by harming the property or using up its natural resources. Tenants have a responsibility to take care of the property they live on and not cause damage. However, some uses of the land, like farming, are allowed as long as they don't harm the property. If the land was already being used in a way that used up its resources before the tenant arrived, they may be allowed to continue that use.
A more thorough explanation:
Affirmative waste, also known as voluntary waste, is when a tenant or life tenant intentionally damages a property or depletes its natural resources, causing a decrease in its value. Tenants have a responsibility not to commit affirmative waste on the property they reside in.
For example, if a tenant cuts down all the trees on a property, that would be considered affirmative waste because it harms the property and depletes its natural resources. However, if a tenant routinely harvests crops on a farm, that would not be considered affirmative waste because it does not harm the property or deplete its resources.
There is an exception to this rule, called the prior use exception. If the property was previously used in a way that allowed for the exploitation of its natural resources, the current tenant may continue to deplete those resources.