Frank C. Homan


It would seem best to recognize that the old rule of waste, which was based on practically any physical change in the premises, is dead.The rule today would clearly seem to be that, to determine waste, one must decide whether or not the acts complained of violated the actual or presumed intention of the parties creating the estate. Certainly the least desirable approach to a determination of what is actionable waste is that which attaches liability to certain acts regardless of their desirability or practical context. It seems to be the rule today that the intention of the parties, or, the "reasonable man rule" should govern.


Real Property Torts (Symposium)