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Permissive

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Allowed; suffered.

Permissive use

A passive use which was resorted to before the statute of uses, in order to avoid a harsh law, as that of mortmain or a feudal forfeiture, and was a mere invention to escape consequences by secrecy. Thus, under a conveyance to A to the use of B, A simply held the possession, and B enjoyed the profits of the estate.

Wharton.

Permissive ■waste. That kind of waste which is a matter of omission only; as by suffering a house to fall for want of necessary reparations. (2 Bl. Com. 281; 3 Stevh. Com. 503; 4 Kent Com. 76 et seq.; 1 HiU. R. P. 266.) BurriU.