====== Non-Possessory Right ======

A **non-possessory right** is a **legal right to use or restrict the use of real property** without having the **right to occupy or possess** the property.

===== Key Characteristics =====
  * Does **not grant possession**
  * Does **not transfer ownership**
  * Limits one or more rights in the **bundle of legal rights**
  * Considered an **encumbrance**
  * Typically **runs with the land**

===== Common Non-Possessory Rights =====
  * **[[Easements]]**
    * Right to use another’s land for a specific purpose

  * **Licenses**
    * Temporary permission to use land
    * Personal and revocable

  * **[[Restrictive Covenant]] (CC&R)**
    * Limit how land may be used

===== Non-Possessory vs Possessory =====
  * **Non-Possessory**
    * No right to occupy
    * Example: utility easement

  * **Possessory**
    * Right to occupy or control
    * Example: leasehold estate

===== Exam Tip =====
  * Non-possessory rights usually limit the **right of exclusion**
  * Ownership can exist even when non-possessory rights are present