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Simple English definitions for legal terms
ameliorative waste
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A quick definition of ameliorative waste:
Term: Ameliorative waste
Definition: Ameliorative waste is when a tenant makes changes to a property that make it more valuable without getting permission from the owner. This is different from other types of waste because it doesn't decrease the value of the property. In the past, the owner could make the tenant pay for undoing the changes, but now they can only do so if the value of the property goes down. For example, if someone who is renting a farm destroys an old barn to plant more crops, the owner can't sue them for ameliorative waste if the farm is worth more overall.
A more thorough explanation:
Ameliorative waste
Ameliorative waste is when a tenant makes changes to a property that increase its value without getting permission from the landowner or future interest holder. This is different from permissive waste and voluntary waste, which both decrease the value of the property. In the past, the property owner could recover the costs of undoing the changes, but in the modern-day United States, they can only recover damages if the value of the property decreased.
If a tenant on a farm with a life estate destroys an old barn to plant more crops, this would be considered ameliorative waste. Even though the barn was destroyed without permission, the overall value of the farm increased because of the additional crops that could be grown. Therefore, the remainder owner cannot sue for damages in the United States.
Another example of ameliorative waste could be a tenant installing a new heating system in a rental property without getting permission from the landlord. If the new system increases the value of the property, the landlord cannot sue for damages.
These examples illustrate how ameliorative waste is different from other forms of waste because it does not decrease the value of the property. Instead, it increases the value, even if the changes were made without permission.