land in question. In addition, some of the property rights that can take effect as legal interests, pursuant to section 1(2) of the Law of Property Act 1925, are also possessory property rights. For example, a legal charge (commonly referred to as a mortgage) entitles the mortgagee to a right to claim possession of the mortgaged property. Similarly, some equitable property rights can also confer on the owner of those rights an entitlement to exclusive possession of a plot of land. A person with a beneficial interest under a trust of land might, by virtue of that interest, have a right to exclusive possession of the land. In those circumstances, someone else might own the legal estate in the land but that person would hold the legal title on trust for the beneficiary. A person holding a life interest in land would be in a similar position. Unlike possessory property rights, non-possessory property rights do not confer upon the holder an immediate right to exclusive possession of the land. For example, an easement is a property right that entitles one landowner to benefit from land in the ownership of another person. The person benefiting from the easement does not have a right to exclusive possession of the other’s land but does have a non-possessory right to use the other’s land in a specific way. We will encounter various possessory and non-possessory property rights throughout this module.
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- Spring '18