POSSESSORY INTEREST

POSSESSORY INTEREST

possessory interest.

1. The present right to control property, including the right to exclude others, by a person who is not necessarily the owner. [Cases: Property 10. C.J.S. Property ¡ì¡ì 27¨C31, 33.]

2. A present or future right to the exclusive use and possession of property.

¡°We shall use the term ¡®possessory interest¡¯ to include both present and future interests, and to exclude such interests as easements and profits. The reader should note that the Restatement of Property uses the term ¡®possessory¡¯ to refer only to interests that entitle the owner to present possession. See Restatement, Property ¡ì 7, 9, 153 (1936).¡± Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 19¨C20 n.1 (2d ed. 1984).


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