Also known as: non-possessory estate · nonpossessory estate · nonpossessory estates · nonpossessory interests
Written by attorneys · grounded in primary & secondary sources — see below
An interest in land that confers specified rights to use or benefit from the property without granting the holder the right to immediate possession.
Noreen Nguyen holds an easement across land owned by Nordic Ventures that allows her to cross for access to her own parcel. Nordic Ventures begins operating a loud factory that disrupts the easement path with vibrations and fumes. Noreen brings a private nuisance claim because her nonpossessory estate is detrimentally affected by the interference with use and enjoyment.
Noelle North holds a nonpossessory life estate created out of the remainder after Nadia Novak's possessory estate for years. Nadia has a duty to pay periodic sums to continue in possession. Noelle exercises the privilege to receive and collect all income payable from Nadia during the period her nonpossessory estate stands next entitled to possession.
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A conveyance by deed can create both a present possessory estate and future interests that are nonpossessory. The deed transfers rights that become possessory in the future upon the expiration of the prior estate.
A present interest carries a right to immediate beneficial enjoyment of the land. A nonpossessory estate such as a future interest carries only a legally protected expectation that possession will begin later when the prior estate ends.
Owners of nonpossessory estates in land that are detrimentally affected by interference with use and enjoyment may recover for private nuisance when the invasion causes significant harm of the type suffered by a normal person or property.
The nonpossessory estate becomes possessory upon the natural expiration of the prior estate unless a divesting condition has occurred that shifts the interest to another holder.