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 §§ 27–31, 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 § 7, 9, 153 (1936).” Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 19–20 n.1 (2d ed. 1984).

[Blacks Law 8th]