Also known as: lawful interests · legal interest
Written by attorneys · grounded in primary & secondary sources — see below
A legal share in property or a right recognized under the principles developed by courts of law as distinguished from equity.
Landon Long erected a storage shed on Lila Lin's land with her permission. After permission ended, Landon sold the shed to Lattice Systems. Lattice Systems learned of the terminated consent but left the shed in place. Lila Lin may recover for trespass based on the continued presence.
Liam Larson leased farmland to Lucy Liu for five years. Before the lease, Levi Lowe held a recorded mortgage on the same land that was not terminable at Liam's will. Levi Lowe refused to agree otherwise. Lucy Liu's possessory rights remain subject to Levi Lowe's paramount interest.
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Latoya Lane's predecessor in interest tortiously placed a fence on Lotus Pharmaceuticals' land. Latoya acquired the fence with knowledge of the tortious placement. She failed to remove it after learning the facts. Lotus Pharmaceuticals holds a trespass claim against Latoya.
Loyal Insurance purchased land for value without notice of an outstanding equitable interest held by Linden Logistics. The prior owner had created the equitable interest after an earlier lease. Loyal Insurance's legal interest prevails over Linden Logistics' claim.
A Florida court entered a judgment affecting a trust. The trust beneficiaries held only equitable interests created under Delaware law. The Supreme Court held that the Florida judgment could not bind those beneficiaries because they lacked minimum contacts and no legal interest in the Florida proceeding.
A nonprofit organization challenged a federal land transfer on Establishment Clause grounds. The organization alleged only an interest in preventing unconstitutional uses of public funds. The Supreme Court held that the organization lacked standing because it asserted no personal legal interest that would be redressed by a favorable decision.
A person in lawful possession of land, such as a tenant under a valid lease, may sue for private nuisance. The claim protects the interest in use and enjoyment of land and extends to holders of recognized property rights or privileges, including nonpossessory interests like easements when the interference affects the protected use.
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Yes. A tenant who occupies and controls leased space with intent to control is the possessor for duty purposes. An easement holder likewise holds a lawful interest in the use and enjoyment of land that supports a private nuisance claim when interference burdens that interest.
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A legal interest in leased property held by a third party at the time the lease is made, and not terminable at the landlord's will or by the tenant's possession date, is paramount to both the landlord's and tenant's interests unless the third party agrees otherwise or recording law protects the tenant.
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A successor who acquires a legal interest in a chattel or structure with knowledge that a predecessor tortiously placed it on land, and who then fails to remove it, commits a trespass by the continued presence.
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…a beneficial interest in trust property. These appellees were contesting the validity of the trust. Their concern was with the legal interest of the trustee or, if the trust was invalid, the settlor. Therefore, the relevant factor here is the situs of the stocks, bonds, and notes that make up the corpus of the trust. Properly…