What are possessory and non-possessory interests?

Possessory and non-possessory interests are terms commonly used in property law to describe different rights in real property. Possessory interests typically refer to rights that involve actual possession or control over a property. These rights are more tangible and are commonly associated with ownership rights.

On the other hand, non-possessory interests are rights that do not involve possession or control over a property. These rights are often more limited in scope and do not grant the holder the right to physically possess the property. Non-possessory interests can include easements, restrictive covenants, and licenses.

Possessory Interests

Possessory interests include ownership rights where the owner has the right to possess, use, and control the property. These rights are typically more comprehensive and fundamental to property ownership.

Non-Possessory Interests

Non-possessory interests are rights that do not involve possession of the property. These rights may be limited in duration or scope, such as an easement allowing someone to cross a property or a restrictive covenant limiting certain uses of the land.

Understanding the difference between possessory and non-possessory interests is crucial in property law as it determines the extent of ownership rights and responsibilities associated with a particular property. Both types of interests play a vital role in shaping property ownership and rights in real estate law.