Licenses

Question 1

Licenses

Answer 1

not real prop interest (like easements/profits)revocable, permissive (no SoF)
i) concert/plane tickets = license so no legal right to stay should you be told to leave (other damages maybe)

Question 2

Presumption in favor of licenses

Answer 2

don’t want to force owners to give up more than they may have intended

Question 3

McCastle:

Answer 3

intent of parties and nature of deal determines whether a license or real prop interest
(1) F: π could cut down timber on ∆’s prop–>license since ∆ didn’t intend for right to be transferable or to give π ownership in trees or a profit

Question 4

c) Estoppel to avoid revocation:

Answer 4

generally can be revoked, BUT irrevocable when licensee invests substantially and in reasonable reliance on license (becomes akin to an easement by estoppel)

Question 5

Holbrook:

Answer 5

license to use roadway; built house, improved road; no warning by owner–>grant by estoppel

(1) FT: could easily be an eas, but they never paid for it–>remedy should have been to pay for it
(a) seems like failure to revoke license = loss of right to revoke like Implied Ded. (estoppel just a pretext)