licenses and profits

Question 1

what is a license

Answer 1

mere privilege to enter and use another’s land for some delineated purpose

hint: _enter and license_ have two e’s

Question 2

a failed attempt to create an easement results in

Answer 2

a license

Question 3

license vs easement

Answer 3

• license = do not create an interest to enter and use land and so not subject to SOF, meaning they can be created orally or by other acts that show the liscensor’s intent to let liscenee enter and use property
• easement = creates a nonpossesory interest to use/enjoy land and so subj to SOF

Question 4

revocability of licenses

Answer 4

licenses are freely revocable at will of licensor unless estoppel bars revocation (i.e license holder expends a lot of money to use the land granted thru the license or obtains resources in reliance on the license)

Question 5

termination of licenses

Answer 5

terminate automatically upon

1. death of either party
2. conveyance of licened property

Question 6

classic license revocation cases

Answer 6

• ticket cases
• neighbors talking by the fence

Question 7

what is a profit (aka profit a pendre)

Answer 7

nonpossesory interest (like easement) entitles profit holder to enter servient land and remove products from it take fish, lumber, dirt

Question 8

profit appurtenant

Answer 8

like easement in gross, benefited land can take from servient land

Question 9

profit in gross

Answer 9

land with the PIG used like EIG

Question 10

list (2)

how to terminate, create, or alienate profits

Answer 10

1. just like easements (END CRAMP) - AND -
2. determination by surcharge - profit holder unduly burdens servient estate through exploiting the servient land so it gets terminated