Nonpossessory Interest in Land


A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. Such rights can generally be created in one of two ways: either by an express agreement between the party who owns the land and the party who seeks to own the interest; or by an order of a court.

Under the common law, there are five variations of such rights.

These are:

  • easements
  • profits
  • restrictive covenants
  • equitable servitudes, and
  • licenses.