Property Remedies

Question 1

Waste

Answer 1

Waste is an act by someone in rightful possession of property that does permanent injury to the land, harming the interest of someone entitled to future possession. Three types of waste: voluntary, permissive, and ameliorative.

Question 2

Voluntary Waste

Answer 2

These are deliberate destructive acts. In addition to an injunction, the remedies include damages measured either by the diminution in value of the property or by the cost of repairs.

Question 3

Permissive Waste

Answer 3

These are acts of omission or neglect. The only real remedy is damages for the cost of repairs.

Question 4

Ameliorative Waste

Answer 4

These are acts that alter the property but result in an increase in value. Damages are normally not recoverable, although arguably damages for cost of restoration of the premises to their original condition might be recoverable in certain circumstance.