Waste

Question 1

Ameliorative Waste

Answer 1

Change that benefits property economically was actionable at common law

Modernly not actionable if market vale of future interest is not dismissed and either

Remainder man do not object or

Substantial change in community has deprived property of reasonable usefulness or productivity

Question 2

Voluntary/Affirmative Waste

Answer 2

overt conduct, that causes a drop in value (willful destruction)

Question 3

Exceptions to Voluntary Waste (PURGE)

Answer 3

PU - prior use, land was used for exploitation before grant
R - Repairs, tenant may consume resources for repairs
G - Grant, tenant may exploit if granted that right
E - Exploitation - that land is suitable only to exploit

Question 4

Permissive Waste

Answer 4

MUST NOT Neglect

Tenant must simply maintain the premise in reasonable good repair.

Tenant is obligated to pay ordinary taxes on land, to extent of income or profits from the land.
- if no income or profit, tenant required to pay all ordinary taxes to extent of premise FMV