Voluntary Waste - Law Dictionary Search Results

Home Dictionary Name: voluntary waste

Voluntary waste

Voluntary waste, that which is the result of the voluntary act of the tenant of property, as where he pulls down a wall or cuts timber; opposed to permissive waste. See WASTE....

voluntary waste

voluntary waste see waste ...

Waste [fr. vastum, Lat.], any spoil or destruction in houses, gardens, trees, etc., by a tenant; as to what acts amount to waste, see Co. Litt. 53 a. It is either (1) legal, sub-divided into (a) voluntary or commissive, as where the tenant pulls down a house or a part thereof, or ploughs up ancient meadow, and (b) permissive or omissive, as where a tenant suffers a house to fall out of repair; or (2) equitable, which comprehends acts not deemed waste at Common Law. Both for voluntary and permissive waste an action lies against a tenant, whether for life or years, by virtue of the statute of Gloucester, 6 Edw. 1, c. 5. A tenant from year to year is liable for voluntary waste only. An injunction will be granted to restrain voluntary waste, as by ploughing up ancient meadow. See Woodfall, L. & T., and Aggs on Agricultural Holdings. A mortgagor in possession will be restrained from cutting down timber, for as the whole estate is the security for the money advanced, the mortgagor ought not ...

waste

waste 1 : destruction of or damage to property that is caused by the act or omission of one (as a lessee, mortgagor, or life tenant) having a lesser estate and is usually to the injury of another (as an heir, mortgagee, or remainderman) with an interest in the same property [an action for ] ame·lio·rat·ing waste [ə-mēl-yə-rā-ti-] : waste that leads to improvement of property (as by clearing the way for rebuilding something) called also ameliorative waste permissive waste : waste caused by the failure of a tenant to take ordinary or proper care of the property voluntary waste : waste caused by the intentional commission of a destructive act by a tenant 2 : a reduction of the value of assets (as in a trust) caused by a failure to exercise proper care or sound judgment in managing them ;esp : a transfer of corporate assets (as through excessive executive compensation or a merger) for no legitimate business purpose or for less than what a person ...

Dilapidation

Dilapidation, decay; a kind of ecclesiastical waste, either voluntary, by pulling down, or permissive, by suffering the chancel, parsonage house, and other buildings thereunto belonging to decay. See the (English) Ecclesiastical Dilapidations Act, 1871 and 1872 (34 & 35 Vict. c. 43, and 35 & 36 Vict. c. 96), Chitty's Statutes, tit. 'Church and Clergy.'The term is also used to signify that disrepair for which a tenant is usually liable to a landlord during and at the end of a tenancy under an express agreement to keep and yield up the demised premises in good repair; see Lister v. Lane, (1893) 2 QB 212; Torrents v. Walker, (1906) 2 Ch 166; Anstruther-Gough-Calthorpe v. McOscar, (1924) 1 KB 716 (CA), also FORFEITURE, and Landlord and Tenant Housing Act....

Copyhold

Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...

<< Prev.
Next >>

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial