12. Licenses & Profits Flashcards
1
Q
What is Licence?
A
Mere privilege to enter another’s land for delineated purpose
2
Q
What is difference between Licence and Easement?
A
Licence - NOT interest in land
Easement - Interest in land
3
Q
What is required for licence?
A
Failed easement (oral, more than one year)
4
Q
Are licences revocable?
A
Yes (at Licensor’s free will)
UNLESS
- Estoppel
- Coupled with interest
5
Q
What is profit?
A
Easement to enter Servient Tenement Take resources (soil, fish)
6
Q
What is required for profits?
A
(PING) - Same for easements
Prescription
- COAH (adverse possession)
- NOT public land
Implication
- Previous use was apparent
- Easement expected to survive division
Necessity
- Sale of land (no exit)
Grant
- More than 1 year
- In writing
- Deed elements (SoF)
7
Q
What is difference between eviction of Licensee and Tenant?
A
Licensee
- NO notice required
Tenant
- Notice required
