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LSDefine
Simple English definitions for legal terms
equitable waste
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A quick definition of equitable waste:
Equitable waste is when someone harms property in a way that is not allowed, like a tenant damaging a house or not taking care of it properly. There are different types of waste, like commissive waste when someone actively damages property, and permissive waste when someone doesn't make repairs to protect the property. Toxic waste is a dangerous type of waste that can harm people and the environment. There are laws to regulate the handling and disposing of toxic waste.A more thorough explanation:
Definition: Equitable waste is a type of harm to real property committed by a tenant that abuses a privilege of nonimpeachability at common law. It refers to waste caused by a life tenant who, although ordinarily not responsible for permissive waste, flagrantly damages or destroys the property. For example, if a life tenant deliberately destroys a building on the property, it would be considered equitable waste.
Examples:
- If a tenant intentionally damages the property, such as by breaking windows or tearing down walls, it would be considered equitable waste.
- If a life tenant fails to maintain the property and it falls into disrepair, it would be considered permissive waste. However, if the life tenant deliberately allows the property to deteriorate to the point of destruction, it would be considered equitable waste.
These examples illustrate how equitable waste involves intentional and willful destruction of property, rather than just neglect or failure to maintain it.