possessory interest


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possessory interest

n. in real estate, the intent and right of a person to occupy and/or exercise control over a particular plot of land. A possessory interest is distinguished from an interest in the title to property, which may not include the right to immediately occupy the property. Example: a long-term lease. (See: real property, possess, possession)

References in periodicals archive ?
196) A possessory interest is the "right to control property, including the right to exclude others.
Since the NEX did not have a possessory interest in any specific money belonging to the appellant--money that the appellant could have attempted to steal by submitting the false receipts--the government was left with the theory that the appellant attempted to steal the debt itself.
The taxpayer could contend that he holds a mere expectancy; his possessory interest is contingent upon living to age 40 and surviving his mother.
A tax on the income of federal employees, or a tax on the possessory interest of federal employees in Government houses, if imposed only on them, could be escalated by a State so as to destroy the federal function performed by them either by making the Federal Government unable to hire anyone or by causing the Federal Government to pay prohibitively high salaries.
Trotto, finding that because he was not present and had no possessory interest in the vehicle, he lacked standing to challenge the legality of the stop and search.
101) Thus, a more restrictive interpretation of CERCLA ownership liability would still ensure that liability attached to "passive fee title owner[s] of real property [as well as] the active (or negligent) operator of the facility who ha[d] only a possessory interest in the owner's real property.
demonstration of possessory interest or occupation or control.
Element #1: Deprivation of a Possessory Interest in
Instead, the court relied on its own precedent in Long Beach, finding that the holder of a permit for specific use of real property is not the "owner" of that real property, but that such a permittee holds a possessory interest in the land.
the passenger, who had no ownership or possessory interest in the car
Under these facts, the three adult children would presumably be within their rights as named parties with a possessory interest in the property to challenge any orders entered against them as void for lack of subject matter jurisdiction.
The use of property by an owner thereof or by the holder of a possessory interest in property, such as a legal life estate, is an incident of ownership.