possessory interest

Likewise, Soldal's possessory interest in his home must be protected.

However, the grantor may have a future possessory interest.

Tenants also have duties attached to their possessory interests:

The Court held that the defendants couldn't be convicted of larceny because they never interfered with the purchasers' possessory interest.

French law breaks with Roman law by construing a usufruct as not a servitude but rather a possessory interest.

A has a possessory interest in life estate subject to executory limitation (B's executory interest).

(5) Possessory interests.

What the Hudson River Park Conservancy would get, under the 1992 agreement, is "possessory interest" in the property from the roadway to the pierhead line.

The subpoena here has interfered significantly with the Leopold Foundation's possessory interests in the paintings by compelling their indefinite detention in New York, and thus effectuating a seizure."

The Restatement (First) of Property defines Property as any thing, tangible or intangible whereby a legal relationship between persons and the State enforces a possessory interest or legal title in that thing.

When presented with oil and gas cases, early common law jurists were somewhat reluctant to recognize a corporeal possessory interest in substances they considered to be fugacious or "wild and migratory," and therefore subject to loss by drainage.

As part of the park service's contract with MCA, the new owner must both pay MCA for that possessory interest - valued at $61.5 million - and take on the new responsibilities to renew the Curry contract.

In sum, the basic elements of a claim of trespass to chattels are: 1) the lack of the plaintiff's consent to the trespass, 2) interference or intermeddling with possessory interest, and 3) the intentionality of the defendant's actions.

It has been suggested above that where the true owner of goods cannot be involved in the proceedings the common law rule that a mere possessory interest entitles the plaintiff to recover the full value of the goods against a wrongdoer still applies.

In fact the apprentice and the boy both had a right of possession in the jewel (a technical concept, meaning evidence that something could belong to someone), but the boy's possessory interest was considered better, because it could be shown to be first in time.

A seizure of property occurs when there is "some meaningful interference with an individual's possessory interests in that property", such as when police officers take personal property away from an owner to use as evidence, or when they participate in an eviction.

However, in order to succeed on a claim of trespass to chattels, the plaintiff must demonstrate that the defendant intentionally and without authorization interfered with the plaintiff's possessory interest in the computer system and that the defendant's unauthorized use caused damage to the plaintiff.

Videotaping the defendants under arrest on county property did not violate their privacy, since "[t]he fact that a person can be found in a particular place at a particular time does not give rise to some possessory interest, and it would be unreasonable to conclude otherwise."

Some states, such as Texas, have adopted the "ownership-in-place" theory for oil and gas that a landowner owns a corporeal possessory interest (similar to a fee simple) in the substances beneath his land, but his ownership is a determinable fee subject to the rule of capture.

--A concessioner may be accorded a possessory interest, consisting of all incidents of ownership except legal title (which shall vest in the United States), in any structure, fixture, or improvement the concessioner constructs or locates upon land owned by the United States.

Jones had presented a defendant with a quandary: if he had, as case law up to that point required, claimed a possessory interest in the seized narcotics in order to suppress them, he would also have been incriminating himself, in violation of his rights under the Fifth Amendment.

The court said that eBay's trespass to chattels claim required it to show that: 1) Bidder's Edge intentionally and without authorization interfered with eBay's possessory interest in the computer system; and 2) Bidder's Edge's unauthorized use proximately resulted in damage to eBay.

With the approval of the Administration, such possessory interest may be assigned, transferred, encumbered, or relinquished by the concessioner, and, unless otherwise provided by contract, shall not be extinguished by the expiration or other termination of the concession and may not be taken for public use without just compensation.

A literal interpretation of section 8 might suggest that the ability to plead the jus tertii provides the defendant with a defence, but it is submitted that in such a case the provisions of section 7 preserve the common law rule that a claimant relying on a possessory interest may recover the full value of the thing converted.

A sweep of an Oregon produce factory by Immigration and Naturalization Service agents looking for illegal aliens was upheld since those detained not only lacked a possessory interest in the property and worked in a large shared space without any space set aside for their individual use, they could not keep anyone out of the building.