Also known as: possessory interest
Written by attorneys · grounded in primary & secondary sources — see below
An interest in land or chattels that confers the right to possession. The interest arises by conveyance or operation of law and supports claims to occupy or control the property against others lacking a superior right.
Piper Patel leased a warehouse from Pioneer Energy under a one-year term that expired on December 31. On January 15, Piper remained in possession without permission and without claiming any new title. Pioneer Energy may treat Piper as holding only an estate at sufferance because her original possessory interest terminated and she asserts no superior claim.
Pierce Patterson granted Precision Tools a license to store equipment on his lot. When Pierce sold the lot to Pacific Bank, the bank notified Precision Tools that the license was revoked. Precision Tools' continued presence became unauthorized because the original possessor's interest had terminated by conveyance.
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Pilar Pena owned a single parcel with a driveway crossing the rear half. She conveyed the front half to Phoenix Technologies and retained the rear half for her own use. Phoenix Technologies may claim an implied easement over the driveway because the conveyance divided the land and created possessory interests in separate owners who reasonably expected continued access.
A possessory interest gives the holder the present right to occupy or control the property. A future interest confers only the right to possession at a later time or upon a stated event.
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An estate at sufferance arises when a person who once held a valid possessory interest by conveyance remains in possession after that interest ends but asserts no claim of superior title.
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Larceny requires that the defendant take property from a person holding a possessory interest superior to the defendant's own interest. This element ensures the taking is trespassory against the true possessor.
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Consent to enter land ends upon transfer or other termination of the possessor's interest. After termination the actor no longer has permission and may become a trespasser.
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Yes. When land is divided by conveyance, an easement may arise by implication in favor of one possessory interest against another when the circumstances of the division support the expectation of continued use.
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…in common must have the same right to possession, section 558.01 requires tenants in common in real property to share a present possessory interest or a future interest. Id. Thus, the tenants in common could have fee simple interests, or the tenants in common could have remainder interests. See Heintz v. Wilhelm , 151 Minn. 195,…