Also known as: nonpossessory estates · non-possessory estate · non-possessory estates · nonpossessory interest
Written by attorneys · grounded in primary & secondary sources — see below
A property interest in land that authorizes limited uses or benefits without conferring possession of the land itself.
Select any source to read its text and confirm it supports the definition.
Nancy Nelson holds a recorded conservation easement over a parcel owned by a neighbor. A nearby waste facility begins emitting odors that drive away hikers using the trails the easement protects. Nancy sues the facility for private nuisance. Because her nonpossessory estate is detrimentally affected in its use and enjoyment, she has standing to recover.
Nolan Nunez holds an easement for an underground pipeline across land owned by another party. After the servient owner bars entry and damages the line, Nolan sends workers to repair it. His nonpossessory estate supports a limited privilege to enter for maintenance, shielding him from a trespass claim.
Only those who hold a legally protected property interest in the affected land may recover. This includes possessors and owners of easements, profits, or other nonpossessory estates whose use and enjoyment is substantially and unreasonably impaired.
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Yes. A conservation easement is a recognized nonpossessory property interest that authorizes limited uses of the burdened land for a particular purpose, such as preserving quiet hiking trails.
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No. A volunteer hiker or other user with only a personal privilege to be on the land lacks the required property interest. Standing requires possession or a recognized nonpossessory estate such as an easement.
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