Waste

Question 1

Obligation not to commit waste

Answer 1

One who does not hold a complete interest in land is obligated not to commit waste. (Life tenant, tenant)

Question 2

Ameliorative Waste

Answer 2

When T alters the property substantially, but the activity INCREASES the value of land.

Courts will allow only when: CHANGED CONDITIONS have made the property RELATIVELY WORTHLESS.

Question 3

Permissive Waste

Answer 3

Failure to maintain

Rule (LIfe Tenant): T has an obligation to make ordinary repairs, but not replace.

Rule (Lease holder): T must make ordinary repairs to keep the leased premises in the same condition as at the commencement of the lease term, excluding ordinary wear and tear (unless the tenant covenanted to repair ordinary wear and tear).

Question 4

Voluntary Waste

Answer 4

Definition: Affirmative action beyond the right of maintenance that causes harm to premises.

Open Mines: Cannot exploit natural resources unless that is the nature of the property or lease says so (does not include harvestable crops)