possessory interest


Also found in: Legal.

possessory interest

The right to immediate use and occupancy of property.
References in periodicals archive ?
A seizure that is "lawful at its inception can nevertheless violate the Fourth Amendment because its manner of execution unreasonably infringes possessory interests." United States v.
she first learned that she had a possible possessory interest in artwork
Google's accessing and making electronic copies of user's data "is not a 'seizure' of that material because there is no meaningful interference with the owner's possessory interest in it...." In re Search Warrant Issued to Google, Inc., 264 F.
to show is a possessory interest, that demand has been made, and that he
As part of the deal, Delaware North acquired Curry's vending rights at Yosemite, including Curry's "possessory interest in improvements" and "other property." The asset transfer contract did not define what was included in the term "other property."
Defendant further argues that plaintiffs lack standing to challenge the basis of the subpoena because they simply "do not have a proprietary or possessory interest in the bank records sought."
The taxpayer could contend that he holds a mere expectancy; his possessory interest is contingent upon living to age 40 and surviving his mother.
(124) Even this change, however, underscores the lack of a violation of any self- possessory interest on the part of the man.
Trotto, finding that because he was not present and had no possessory interest in the vehicle, he lacked standing to challenge the legality of the stop and search.
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.
demonstration of possessory interest or occupation or control.
The Supreme Court has summarily defined a seizure of property as "some meaningful interference with an individual's possessory interest in that property." (310) This definition stems from the Supreme Court's definition of a "seizure" of a person, where any interference with a person's freedom of movement, however brief, constitutes a Fourth Amendment seizure.