MBE Rules · Real Property
Waste — voluntary, permissive, ameliorative
The rule
A life tenant or other holder of a possessory estate owes future interest holders a duty against waste: (1) voluntary (affirmative) waste — intentional destruction or exploitation of resources; (2) permissive waste — failure to make ordinary repairs or pay taxes/interest on encumbrances up to rents received; and (3) ameliorative waste — substantial changes that increase the property's value but alter its character, actionable at common law though modernly permitted where conditions have changed.
In plain English
Three flavors of waste protect the person who takes after the current possessor. Bar questions expect you to identify which type of waste and match the correct remedy (damages, injunction, or none).
Memory hook
V-P-A: Voluntary (do harm), Permissive (let harm), Ameliorative (improve without permission).
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