licenses and profits Flashcards
what is a license and how does it differ from an easement
mere privilege to enter another’s land for some delineated purpose
not an interest in land
revocable at the will of licensor
personal = inalienable
what happens if you attempt to transfer a license?
results in revocation of the license by operation of law
how to create a license?
don’t need a writing – not subject to statute of frauds
orally grant an easement for more than one year - becomes a license because not enforceable as easement due to statute of frauds
how to terminate a license?
REVOCATION
licenses are freely revocable at the will of the licensor UNLESS estoppel applies
what does a ticket create?
freely revocable license [i.e. broadway can revoke your license to get a seat at the show]
classic license cases
tickets
neighbors talking by the fence
when does estoppel apply and what does it do
estoppel bars revocation
it applies when licensee has invested substantial money or labor or both in reasonable reliance on the license’s continuation
becomes an easement by estoppel which lasts until the holder receives sufficient benefit to reimburse them for their expenditures
what happens when license is 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.
what is a profit, examples, rules for creation and termination,
A profit entitles its holder to enter the servient land and take from it some resources
Ex: soil, some substance of the soil (such as minerals, timber, or oil), or some product of the property (such as fish or game)
rules:
all rules governing creation, alienation, and termination of EASEMENTS are applicable to profits
AND, profits may also be extinguished through “surcharge,” which is misuse that overly burdens the servient estate
profit appurtenant vs. in gross
profit appurtenant – benefits a dominant estate
profit held by person - in gross
