Also known as: present possessory interests · possessory interest · present interest
Written by attorneys · grounded in primary & secondary sources — see below
A property interest that confers on its holder the current right to possession and use of land or chattels. The interest ends upon transfer, termination of consent, or expiration of the estate's duration.
Phoebe Park held a one-year lease on a warehouse from Prime Logistics. When the term expired, Phoebe continued occupying the space without permission and without claiming ownership. Prime Logistics sued to recover possession, establishing that Phoebe's original present possessory interest had terminated and her continued presence created only an estate at sufferance.
Patrick Phan granted Penelope Price permission to store equipment on his lot for a construction project. When the project ended, Patrick revoked consent and demanded removal. Penelope's continued presence after revocation terminated her present possessory interest, exposing her to trespass liability under the governing rule.
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Prosperity Investments acquired land subject to an old railroad easement held by the United States. After the railroad abandoned the line, Prosperity claimed full present possessory rights. The Court held that the original grant conveyed only an easement, so the present possessory interest reverted to the successor in interest upon abandonment.
Paige Porter operated a farm adjacent to Platinum Partners' fields. When pesticide drifted onto Paige's crops, she sued for trespass. The court examined whether the particles interfered with Paige's present possessory interest in the land, requiring proof of actual invasion rather than mere potential harm.
Pilar Pena, a nearby resident, challenged a zoning variance granted to Progressive Healthcare. The court required Pilar to show that the variance directly injured her present possessory interest in her own property, rather than asserting generalized community concerns.
Pamela Phillips and her co-tenant executed a lease of their jointly owned parcel to a third party. The court analyzed whether the lease severed the joint tenancy by transferring a present possessory interest, thereby converting the estate into a tenancy in common.
A present possessory interest gives the holder the immediate right to possession and use. A future interest defers that right until a prior estate ends or a condition occurs. The distinction determines who may currently occupy or control the land and who holds only an expectancy.
Consent ends when the possessor communicates revocation to the actor who knows or has reason to know of it. After revocation the actor no longer holds a present possessory interest and may be liable for trespass if entry continues.
No. An estate at sufferance arises only after the original possessory interest has terminated. The holdover tenant lacks any present right to possession and remains solely by the sufferance of the true owner.
…to which Teleprompter's cable and hardware attach. Under modern landlord-tenant law, a residential tenancy is not merely a possessory interest in specified space, but also a contract for the provision of a package of services and facilities necessary and appurtenant to that space. See R. Schoshinski, American Law of Landlord and…