Waste assigned in a building and in land dug with pits, namely one acre, and in clay carried off, and in timber cut down, namely oaks and ashes etc. and the defendant pleaded no waste committed and by the nis iprius it was found that the building was burned down by a servant of the defendant by lack of care and the defendant had cut down part of the oaks of which he had assigned waste and from them had made a new building as good as the old one and in the same place as the old and that he had dug clay in old pits for the construction of the house and also to repair old buildings, and also that the defendant had felled forty oaks which were dead and the inquest understood that this was no waste and also that the defendant had felled forty oaks that were still living and had made of them charcoal to burn within the house as required.
Greene. As to the building it has been found that it has been newly built and of the same value as it was before and so no waste can be adjudged for this. It is also found that we dug in old pits that were waste before and also that what we did there was for the improvement of the new building so this cannot be adjudged waste. Also with respect to the dead wood we are discharged because it seemed to the inquest that this cannot be waste. As for the felling of trees for charcoal etc. that is avowable by law.
SHARESHILL, J. It is to be seen whether waste is to be adjudged in respect of the buildings being burned or for the cutting down of the trees from which the building is constructed for he cannot recover the place wasted in respect of both.
Thorpe. You adjudged the building waste and not the trees in the case of a kitchen in the case of Anthony Fisseron (and it was said that the waste will be adjudged in respect of the trees and not of the building).
SHARESHILL, J. There was no enquiry as to how many trees he cut down for the erection of the building.
Mowbray. It was not necessary when the trees were cut for this reason and the building erected etc.
Citations:
[1346] wast 32 [Co. Litt. 53a (k)]
Jurisdiction:
England and Wales
Cited by:
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 May 2022; Ref: scu.196931