BENEFICIAL USE
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 bene-
ficial 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, exercising its discretion, may adjudicate
those rights.
A beneficiary of a trust has beneficial use of
the trust property, the legal title to which is held by the trustee.
