Waste (law) - Equitable Waste

Equitable Waste

Under English law and Australian law, equitable waste is waste that a life tenant has a right to commit at common law but is restrained by a court of equity. This doctrine fits under the broader framework of equity, in which a legal right to do something is not so unrestrained that it is impossible to abuse that right. A life tenant who is granted an estate "without impeachment of waste" (may not be sued for waste) may not commit acts of flagrant destruction inconsistent with the fruitful use of the land. For example, a mansion may not be stripped of its glass, timber or pipes (Vane v Lord barnard), and trees of an ornamental value may be cut down by the life tenant (Turner v Wright).