possessory interest


Also found in: Legal.

possessory interest

The right to immediate use and occupancy of property.
References in periodicals archive ?
Mining operations on public lands are subject to assessment as possessory interests just as possessory rights for other purposes are assessed for tax purposes.
17) The key to this question is whether the leasehold interests at issue solely constitute "leasehold or other possessory interests in real property owned by [government entities], which are undeveloped or predominantly used for residential or commercial purposes and upon which rental payments are due.
87) It then develops an argument about whether and how self- possessory interests may be implicated in and potentially injured as a result of contraceptive sabotage.
In respect to a just possessory interest over physical objects (excluding the bodies of sentient agents), Chartier outlines a set of baseline possessory rules that allow the first agent to take effective possession over a physical object to become its effective owner and use, exclude others from using, and transfer the object, as they see fit--within the bounds of respecting the just possessory claims and bodies of others (pp.
support a possessory interest requirement, and not the exacting standard
Applying the above seizure analysis, Jones had a protected possessory interest in his vehicle as an "effect" under the Fourth Amendment.
Element #1: Deprivation of a Possessory Interest in
95) Furthermore, seizure of incriminating evidence is also justified, irrespective of the warrant requirement, because any ownership or possessory interest in it is "defeated by its illegality.
Authors have a special privacy interest--a secrecy interest--in their own written expressions beyond their possessory interest in other papers, which a seclusion interest protects.
Plaintiffs in Mortensen claim that the ISP, by permitting NebuAd to alter the privacy and security settings, interfered with the users' possessory interest in their computers and thereby caused damage to the computers.
In the context of land, for example, this might occur where the holder of the defeasible possessory interest (say, a fee simple determinable) exceeds the scope of her rights by using the land in a way that is expressly prohibited by the grant according to which she or her predecessors took title.
which he or she has labored over, then his or her possessory interest in