Which type of waste involves overt conduct that decreases the property's value?

• A. Permissive Waste
• B. No Waste
• C. Affirmative Waste
• D. Ameliorative Waste

Answer: (C)

Affirmative waste is the type of waste that occurs when a holder of a present interest engages in overt acts that diminish the property’s value. If a life tenant or other current possessor actively does something to the property—like tearing down a building, removing valuable fixtures, or selling off parts of the property—that directly reduces its value, that’s affirmative waste. It’s about active actions that harm value, not simply letting the property sit idle.

This contrasts with permissive waste, which is more about neglect or failure to maintain or pay expenses, leading to deterioration. No waste means there’s no reduction in value, and ameliorative waste involves actions that improve or modernize the property, potentially increasing value.