324. Nature of waste.

Waste consists of any act or omission on the part of the tenant which causes a lasting alteration to the nature of the land in question to the prejudice of the person who has the remainder or reversion of the land1. The obligation not to commit waste is an obligation in tort, and is independent of contract or implied covenant2.

Waste is either voluntary or permissive:


    (1)     voluntary waste implies the doing of some act which tends to the destruction of the premises (as, for example, by pulling down houses, or removing fixtures which the tenant is not entitled to