Legal Definitions - equitable waste

Definition: Equitable waste is a type of harm to real property committed by a tenant that abuses a privilege of nonimpeachability at common law. It refers to waste caused by a life tenant who, although ordinarily not responsible for permissive waste, flagrantly damages or destroys the property. For example, if a life tenant deliberately destroys a building on the property, it would be considered equitable waste.

Examples:

• If a tenant intentionally damages the property, such as by breaking windows or tearing down walls, it would be considered equitable waste.
• If a life tenant fails to maintain the property and it falls into disrepair, it would be considered permissive waste. However, if the life tenant deliberately allows the property to deteriorate to the point of destruction, it would be considered equitable waste.

These examples illustrate how equitable waste involves intentional and willful destruction of property, rather than just neglect or failure to maintain it.