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Permissive waste

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

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. Comm. 281; Willey v. Laraway, 64 Vt. 559, 25 Atl. 436 ; Beekman v. Van Dolsen, 63 Hun, 487, 18 N. Y. Supp. 376; White v. Wagner. 4 Har. & J. (Md.) 391, 7 Am. Dec. 674. —'Voluntary-waste.

Active or positive waste; waste done or committed, in contradistinction to that which results from mere negligence, which is calied "permissive" waste.

2 Bouv. Inst. no. 2394.

Voluntary or comtaissive waste consists of injury to the demised premises or some part thereof, when occasioned by some deliberate or voluntary act, as, for instance, the pulling down of a house or removal of floors, windows, doors, furnaces, shelves, or other things affixed to and forming part of the freehold.

Regan v. Luthy, 16 Daly, 413, 11 N. Y. Supp. 709.

Contrasted with "permissive" waste.