Beneficial Use

• Author: Jeffrey Lehman, Shirelle Phelps

Page 16

A right to utilize real property, including light, air, and access to it, in any lawful manner to gain a profit, advantage, or enjoyment from it. A right to enjoy real or PERSONAL PROPERTY held by a person who has equitable title to it while legal title is held by another.

A beneficial use involves greater rights than a mere right to possession of land, since it extends to the light and air over the land and access to it, which can be infringed by the beneficial use of other property by another owner. If a dispute arises from the conflicting ways in which two ADJOINING LANDOWNERS exercise their respective beneficial uses of their property, a court...