Waste is any permanent or lasting injury done or permitted to be done, by the holder of the particular estate,5 to the inheritance, or to the prejudice of any one who has an interest in the inheritance.6 Waste is divided into legal waste, and equitable waste,7 and also into voluntary waste and permissive waste. The distinction between voluntary and permissive waste has been thus defined: "Voluntary waste, sometimes called commissive or active waste, consists in the commission of some positive act which causes injury to the inheritance, as pulling down or otherwise destroying a house, cutting down timber, or the like. Generally, it consists of some destructive act of the tenant himself, but destructive acts of a stranger for which the tenant is liable, have been classified under the head of positive waste. Permissive waste consists in the mere neglect or omission of some duty, thereby causing an injury to the inheritance, as suffering the premises to go to decay for want of necessary repair, or, possibly, by allowing parts of the premises to be submerged by water to their injury. The term seems to include, also, not only all destruction arising from neglect of the necessary reparations, but also such as proceeds from all casualties not occasioned immediately by an act of God." 8

1 The word "trespass" here being used in its restricted meaning.

2 Coke on Littleton, 530.

3 Although this form of action has been abolished, in Code States, the elements of liability will still be found to be based upon those under the old form of action. 4 See Injunctions under Equity Jurisprudence, Vol. VII, Subject 20.