BAR FLASHCARDS - P8 Licenses & Profits
LICENSE
Characteristics?
License is a mere privilege to enter another’s land for narrow/delineated purpose.
The license is a mere privilege to enter another’s land for some delineated purpose.
- NOT an interest in land. Unlike an easement, a license is not an interest in land; it’s merely a privilege.
- Freely revocable at will of licensor. revocable at the will of the licensor.
- No writing required
- inalienable: A license is personal to the licensee and, thus, inalienable. Any attempt to transfer a license results in revocation by operation of law.
Creation of a license
Creation. A writing is not needed to create a license.
A failed attempt to create an easement results in a ___.
A failed attempt to create an easement results in a license. Thus, if a grantor orally grants an easement for more than one year, it is unenforceable because it is not in writing. The grantee does not have a valid easement but does have a license.
If a grantor orally grants an easement for more than one year, it is unenforceable because it is not in writing. The grantee does not have a valid easement but does have a ___.
A failed attempt to create an easement results in a license. Thus, if a grantor orally grants an easement for more than one year, it is unenforceable because it is not in writing. The grantee does not have a valid easement but does have a license.
License - Revocation
Licenses are freely revocable, at the will of the licensor, unless estoppel applies to bar revocation.
Note the classic license cases:
• The ticket cases: What does a ticket create? A freely revocable license.
• Neighbors talking by the fence: Here, beware of seemingly oral easements. This is NOT an easement. This is a freely revocable license.
Neighbors talking by the fence: Neighbor A, talking by the fence with neighbor B, says, “B, you can have that right of way across my land.” Is this oral easement enforceable?
This is not an enforceable easement because it violates the SoF, as it is seemingly for more than 1 year.
But it created a freely revocable license. Thus, neighbor A can revoke it anytime.
License Revocation - Estoppel: When will estoppel apply to bar revocation?
Estoppel: When will estoppel apply to bar revocation?
Only when the licensee has invested substantial money or labor or both in reasonable reliance on the license’s continuation.
The license becomes an easement by estoppel, which lasts until the holder receives sufficient benefit to reimburse him for his expenditures.
Revocation - License Coupled with an Interest
A license coupled with an interest is irrevocable as long as the interest lasts.
For example, the buyer of a chattel may enter the seller’s land to remove the chattel, or a future interest holder may enter and inspect the land for waste.
Profit
Entitles holder to enter servient land & take some resource.
The profit entitles its holder to enter the servient land and take from it some resources, for example, the soil, some substance of the soil (such as minerals, timber, or oil), or some product of the property (such as fish or game).
What are the rules for creating and terminating profits? All of the rules governing creation, alienation, and termination of easements are applicable to profits.
In addition, a profit may be extinguished through surcharge (misuse that overly burdens the servient estate).
What are the rules for creating and terminating profits?
What are the rules for creating and terminating profits? All of the rules governing creation, alienation, and termination of easements are applicable to profits.
A profit may be extinguished through ____
In addition, a profit may be extinguished through surcharge (misuse that overly burdens the servient estate).
