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.

• 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

• 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
  • No right to occupy
  • Example: utility easement

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

• Non-possessory rights usually limit the right of exclusion
• Ownership can exist even when non-possessory rights are present