Licenses and Profits

Question 1

THE LICENSE

Answer 1

• License is a mere privilege to enter another’s land for some set out purpose.
• Unlike easements, license is not an interest in land; it’s a privilege, revocable at will of licensor.
• License is personal to licensee & is inalienable.
• Any attempt to transfer license results in revocation

Question 2

License: Creation

Answer 2

Writing not needed

Question 3

TIP

Answer 3

A failed attempt to create easement results in a
license. If grantor orally grants easement
for more than one year, it is unenforceable
b/c it is not in writing. Grantee does not have a valid easement but does have a license.

Question 4

Licenses: Revocation

Answer 4

• Licenses are freely revocable, at will of licensor, unless estoppel applies to bar revocation.

Question 5

Licenses: Revocation - Estoppel

Answer 5

• Applies only when licensee has invested substantial money/labor/both in reasonable reliance on license’s continuation.
• License becomes easement by estoppel, which lasts until holder receives sufficient benefit to reimburse him for his costs.

Question 6

Licenses: Revocation - License Coupled with an Interest

Answer 6

• License coupled w an interest is irrevocable as long as interest lasts.
  Ex. buyer of a chattel may enter seller’s land to remove chattel, or a future interest holder may enter & inspect land for waste.

Question 7

THE PROFIT

Answer 7

• Profit entitles holder to enter servient land & take from it some resources
• All rules governing creation, alienation, and termination of easements are applicable to profits.
• A profit may be terminated by surcharge (misuse that overly burdens servient estate).