The definition of 'interest in land' in s 4 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) does not require a registered interest, but exclusive possession must be established for a legal interest. A company conducting business on land as agent for the landowner and lessee does not have exclusive possession. The right of an object of a discretionary trust to due administration is a chose in action and not an equitable interest in land for the purposes of the Act. While para (b) of the definition may extend beyond strictly proprietary or quasi-proprietary interests, a personal permission to use land that is terminable at will and incapable of alienation does not constitute a right, power or privilege over or in connection with land. Whether para (b) extends to contractual rights (as held in Queensland in Sorrento Medical Service) was left open.
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