What distinguishes a non-possessory estate?

A non-possessory estate is characterized by the future right to occupy or use property, rather than having immediate control over or ownership of it. This type of estate typically includes interests like easements or future interests, where the holder has a right that is dependent on a condition or occurrence that will happen in the future.

For instance, someone might have an easement allowing them to use a path across someone else's land, which means they do not have immediate possession but do have a future right that will become effective at a certain time or under certain conditions.

In contrast, possessing an immediate right to occupy signifies a possessory estate, where the individual has current control over the property. Ownership of the property directly indicates a possessory estate as well, which conveys both possession and rights. Involvement in property management suggests active control and oversight of a property, which again points towards possession rather than a non-possessory right. Therefore, the essence of distinguishing a non-possessory estate lies in its definition as a claim to future rights rather than possession or management rights at present.