Waste
idea · 2 works · 3 mentions · 6 anchored passages
waste · permissive waste · vastum · vastum hominum vel rerum · voluntary waste
in the texts
Magna Carta: A Commentary on the Great Charter of King John
The prohibited depletion or destruction of a ward's lands and dependents by a guardian, defined in the Charter and elaborated by later statutes with escalating penalties.
(2) Punishment of wasteful guardians.
(3) Provision against recurrence of the waste.
The Charter uses the words “vastum hominum vel rerum” (a phrase which occurs also in Bracton).
The Law of Torts
The wrong committed by a tenant of a limited estate whose unauthorized act injures the inheritance or destroys the tenement.
In modern practice, questions of waste arise either between a tenant for life and those in remainder, or between landlord and tenant.
Waste is any unauthorized act of a tenant for a freehold estate not of inheritance, or for any lesser interest, which tends to the destruction of the tenement, or otherwise to the injury of the inheritance.
As between landlord and tenant the real matter in dispute, in a case of alleged waste, is commonly the extent of the tenant’s obligation, under his express or implied covenants, to keep the property demised in safe condition or repair.