Duhaime's Law Dictionary

Voluntary Waste Definition:

The possessor's direct acts or activity of harming property which he or she holds for another, as in a trustee for a trust beneficiary.

Related Terms: Waste, Permissive Waste

A species of waste, generally, in the law of trusts.

Typically distinguished from permissive waste.

In Jowdry v Guerin, Justice Donofrio of the Court of Appeals of Arizona adopted these words:

"Waste is a species of tort, which may be briefly and very generally defined as the destruction, misuse, alteration, or neglect of premises by one lawfully in possession thereof, to the prejudice of the estate or interest therein of another....

"Waste is classified as voluntary or actual (sometimes called commissive), and permissive or negligent waste.

"Voluntary waste may be done by such acts as destroying, altering, or removing buildings, or cutting down timber trees.

"The failure of the tenant to exercise the ordinary care of a prudent man for the preservation and protection of the estate is permissive waste."


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