What is Possessory Interest? A Comprehensive Legal Overview

Definition & Meaning

Possessory interest refers to a legal right that a concessioner holds in real property improvements, as defined by the 1965 Act. This type of interest is obtained through a specific type of concession contract known as a possessory interest concession contract. It is important to note that possessory interest does not include any rights in properties where no such interest exists.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A company operating a lodge in a national park may have a possessory interest in the improvements made to the lodge, allowing them to operate the business under a concession contract.

Example 2: A food vendor at a national park who builds a kiosk may hold a possessory interest in that kiosk, as defined by their concession agreement. (hypothetical example)

Comparison with related terms

Term Definition Difference
Leasehold Interest A tenant's right to occupy and use property for a specified term. Leasehold interest is temporary and may not include improvements.
Fee Simple Interest The highest ownership interest in real property. Fee simple includes full ownership rights, unlike possessory interest.

What to do if this term applies to you

If you believe you have a possessory interest, consider the following steps:

  • Review your concession contract to understand your rights and obligations.
  • Consult with a legal professional if you have questions or concerns about your possessory interest.
  • Explore US Legal Forms for templates that can help you manage related legal documents.

Quick facts

  • Typical fees: Varies by state and specific contract terms
  • Jurisdiction: National parks and public lands
  • Possible penalties: Loss of possessory interest if contract terms are violated

Key takeaways

Frequently asked questions

A possessory interest is a legal right to use and benefit from real property improvements obtained through a concession contract.