Also known as: nonpossessory estates · non-possessory estate · non-possessory estates · nonpossessory interest
Written by attorneys — see sources below.
A property interest in land that authorizes limited uses or benefits without conferring possession of the land itself.
Nancy Nelson holds a recorded conservation easement over a parcel owned by a neighbor. A nearby waste facility begins emitting odors that drive away hikers using the trails the easement protects. Nancy sues the facility for private nuisance. Because her nonpossessory estate is detrimentally affected in its use and enjoyment, she has standing to recover.
Nolan Nunez holds an easement for an underground pipeline across land owned by another party. After the servient owner bars entry and damages the line, Nolan sends workers to repair it. His nonpossessory estate supports a limited privilege to enter for maintenance, shielding him from a trespass claim.
Pearson Yacht Leasing Co. leased a pleasure yacht to two Puerto Rican residents in March 1971. Puerto Rican authorities discovered marihuana on board the yacht in early May 1972 and charged one of the lessees with violation of the Controlled Substances Act of Puerto Rico. On July 11, 1972, the Superintendent of Police seized the yacht pursuant to P. R. Laws Ann., Tit. 24, §§ 2512 (a) (4), (b), and Tit. 34, § 1722 without prior notice to appellee or either lessee and without a prior adversary hearing. The lessees were given notice within 10 days of the seizure. When a challenge to the seizure was not made within 15 days after service of the notice, the yacht was forfeited for official use of the Government of Puerto Rico. Appellee first learned of the seizure and forfeiture when attempting to repossess the yacht from the lessees because of their apparent failure to pay rent. It is conceded that appellee was in no way involved in the criminal enterprise carried on by the lessee. Appellee had no knowledge that its property was being used in connection with or in violation of Puerto Rican law. On November 6, 1972, appellee filed this suit in federal district court seeking a declaration that the statutes had unconstitutionally denied it due process of law and unconstitutionally deprived it of its property without just compensation. A three-judge District Court held that the failure of the statutes to provide for preseizure notice and hearing rendered them constitutionally defective and that the statutes unconstitutionally deprived appellee of property without just compensation. The District Court enjoined appellants from enforcing the statutes in those respects. The Supreme Court noted probable jurisdiction.
View caseOnly those who hold a legally protected property interest in the affected land may recover. This includes possessors and owners of easements, profits, or other nonpossessory estates whose use and enjoyment is substantially and unreasonably impaired.
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Yes. A conservation easement is a recognized nonpossessory property interest that authorizes limited uses of the burdened land for a particular purpose, such as preserving quiet hiking trails.
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No. A volunteer hiker or other user with only a personal privilege to be on the land lacks the required property interest. Standing requires possession or a recognized nonpossessory estate such as an easement.
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