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| Property law |
|---|
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| Part of thecommon law series |
| Types |
| Acquisition |
| Estates in land |
| Conveyancing |
| Future use control |
| Nonpossessory interest |
| Related topics |
| Othercommon law areas |
Higher category:Law andCommon law |
Anonpossessory interest in land is a term ofproperty law 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, such as by adeed orindenture; or by an order of acourt, as an implied agreement.
Under thecommon law, there are five variations of such rights. These are:
TheRestatement of the Law ofProperty both clarifies and expands upon the types of nonpossessory interests. For example, in § 28, areversion is defined as "a nonpossessory interest in land remaining after the creation of one or more estates or interests in fee tail, for life, for years, for a periodic term, or at will."[1]
