Ameliorative Waste Law and Legal Definition

In property law, ameliorative waste is an improvement to an estate that changes the physical character of the property, even if the change increases the land's value. For example, a tenant making repairs and improvements on property that increase the value of the property, but, without the permission of the landowner or any future interest holders. Generally, equity will not enjoin such waste because law presumes that the grantor intended the property to be kept in its original condition. Under English common law, when ameliorative waste occurs, the interested party can recover from the tenant the cost of restoring the land to its original condition. However in U.S, damages for ameliorative waste are generally not given, especially if the improvement to the property is likely to last a long time. The policy behind is to encourage improvements and economic development, even at the cost of historical change.