What type of waste involves the life tenant failing to maintain the estate?

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The type of waste that occurs when a life tenant fails to maintain the estate is known as permissive waste. This occurs when the life tenant does not take the necessary actions to keep the property in good condition, leading to deterioration over time. The life tenant has an obligation to manage the property responsibly and ensure that it remains habitable and functional. If they neglect this duty, they may be liable for permissive waste, as they allowed the property to decline through inaction.

The context distinguishes permissive waste from other types of waste. For instance, affirmative waste involves actively damaging or altering the property in a way that decreases its value, which is a different matter than merely failing to maintain it. Ameliorative waste occurs when the life tenant makes improvements that substantially change the property's character but may increase its value, and voluntary waste refers to actions taken by the life tenant that purposely harm or deplete the property's resources. Thus, permissive waste specifically highlights the negligence in maintenance by the life tenant.

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