Legal Definitions - year, day, and waste

Year, day, and waste was a historical legal right in England that allowed the Crown (the monarch) to take temporary control of land belonging to individuals who had been convicted of serious crimes, specifically felony or petty treason.

For a period of one year and one day, the Crown could exercise two main powers over the convicted person's property:

• Profits: The Crown could collect all income generated by the land, such as rents from tenants, harvests from fields, or proceeds from livestock.
• Waste: The Crown also had the right to commit "waste," meaning to cause damage or destruction to the property. This could involve felling valuable timber, demolishing buildings for their materials, or allowing the land to deteriorate.

After this specific one-year-and-one-day period, the land would then revert to the feudal lord who originally held authority over it. However, the feudal lord had the option to "redeem" the property earlier by paying a fee to the Crown, thereby preventing the Crown from exercising its full rights to profits and waste. This historical right was eventually abolished in 1814.

Here are some examples illustrating how "year, day, and waste" would have applied:

• Example 1 (Rural Land, Felony Conviction):

  Imagine a wealthy landowner, Sir Alistair, in 15th-century England, who is convicted of felony for leading a local rebellion against the King. His extensive estate, comprising fertile farmlands, a manor house, and a valuable forest, falls under the "year, day, and waste" rule. For 366 days, the King's appointed agents take control. They collect all the rents from Sir Alistair's tenant farmers, harvest and sell the year's grain crop, and fell a significant portion of the mature oak trees in his forest, selling the timber for the Crown's treasury. After this period, the depleted estate, now with fewer trees and potentially neglected fields, is returned to Baron Fitzwilliam, the feudal lord who originally granted Sir Alistair the land.

  Explanation: This demonstrates the Crown's right to both the "profits" (rents, grain sales) and "waste" (felling trees, depleting resources) from the land of a convicted felon, for the specified "year and a day," before it reverts to the feudal lord.

• Example 2 (Urban Property, Petty Treason Conviction):

  Consider Martha, a prosperous merchant in 17th-century London, who is found guilty of petty treason for conspiring against her master. Her valuable townhouse and attached shop, which she held under a feudal arrangement with the local guild, become subject to "year, day, and waste." The Crown's officials immediately begin collecting the rent from the shop's current tenant for the full year and a day. During this time, they might also remove valuable lead from the roof for sale, dismantle a stable at the back of the property to sell the bricks, or allow the property to fall into disrepair, diminishing its overall value. Once the year and a day have passed, the local guild master, acting as the feudal lord, regains control of the now somewhat damaged and less valuable property.

  Explanation: This illustrates the application of "year, day, and waste" to urban property, involving the collection of "profits" (rent) and the commission of "waste" (removing materials, causing damage) due to a conviction for petty treason, with the property eventually returning to the feudal authority.

• Example 3 (Agricultural Land, Lord's Redemption):

  Let's imagine John, a successful farmer in the late 18th century, is convicted of a serious felony. His productive farm, which is part of the Duke of Bedford's vast estate, is now technically subject to "year, day, and waste." However, the Duke highly values John's farm for its consistent output and does not want it to be damaged or its resources plundered by the Crown's agents. To prevent this, the Duke pays a significant sum of money to the Crown to "redeem" the property immediately. By doing so, the Crown foregoes its right to the profits and waste for a year and a day, and the farm is returned to the Duke's control much sooner and in better condition, allowing him to quickly re-tenant it and maintain its productivity.

  Explanation: This example highlights the "redemption" clause, where the feudal lord (the Duke) could intervene and pay a fee to prevent the Crown from exercising its right to "year, day, and waste," thereby protecting the property from damage and ensuring its quicker return to the lord's control.