Waste

Lasting and wrongful injury by the holder of a particular estate to the detriment of the holder of the reversion or remainder. To constitute waste, the injury must be wrongful (3 Sup. Ct. N. Y. 60), by the ten-, ant, or through his fault (2 Minor, Inst. p. 529), and must occasion lasting injury to the inheritance (1 Washb. Real Prop. 147). What constitutes waste in a particular case is a question of fact.

22 N. J. Law, 521.

Waste is distinguished from "trespass" in that the latter is the act of a stranger, while waste is the act of a tenant. It is distinguished from "devastavit," which is waste by an executor or administrator. (1) Permissive waste consists in the mere neglect or omission to do what will prevent injury (69 Mich. 259), as, to suffer a house well as to the buildings, trees, fences, or live stock on the premises. See "Permissive Waste." (2) Voluntary waste consists in the commission of some destructive act; as, in pulling down a house, or ploughing up a flower garden. 1 Paige, Ch. (N. Y.) 573. (3) Equitable waste is such injury to the inheritance as is within the legal right of the tenant, but which a man of ordinary prudence would not commit in the management of his own property. 29 Law J. Ch. 598. (4) Meliorating waste is that which increases the present value of the estate, but damages the inheritance by charging it with added burden, as by improvement, the unpaid cost whereof is a lien.