Voluntary waste

Also referred to as affirmative waste. In property law, refers to overt and willful acts of destruction that lead to the drop in value of a piece of property by harming the property or depleting natural resources available on the property. As a general rule, tenants of property are not allowed to commit voluntary or affirmative waste to the property on which they reside, meaning they cannot deplete the land of its natural resources. However, a prior use exception exists to this general rule in that if prior to the tenant residing there, the land was used in a manner that allowed for the exploitation of the natural resources on the land, then the current tenant is allowed to continue to deplete the resources. See open mines doctrine.

 

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