Licenses and Profits

Question 1

License - Basics

Answer 1

• mere privilege to enter another’s land for some delineated purpose
• unlike easement, license NOT an interest in land
• can be revoked by licensor whenever they want
• personal to the licensee

Question 2

License - Transferability

Answer 2

• INALIENABLE (since personal)
• any attempt to transfer license results in revocation by operation of law

Question 3

License - Creation

Answer 3

• writing not needed
• failed attempt to create easement generally creates a license
  -> ex: grantor orally grants easement for more than one yr, NOT an easement b/c not in writing, but would count as a license
  -> be aware of neighbors talking near fence - creation of oral “easement” -> LICENSE

Question 4

License - Revocation

Answer 4

• freely revocable at will of licensor UNLESS estoppel applies

Question 5

License - Estoppel

Answer 5

• bars revocation only when licensee has invested substantial money or labor or both in reasonable reliance on licensee’s continuation
• license becomes easement by estoppel -> lasts until holder receives sufficient benefit to reimburse him for expenditures

Question 6

License Coupled with an Interest

Answer 6

• license coupled w/ an interest is irrevocable as long as the interest lasts
• ex of future interest landowner who enters to inspect land for waste

Question 7

Profit - Definition

Answer 7

• entitles holder to enter servient land + take from it some resources (ex: minerals, timber, oil) or some product of the property (ex: fish, game)
• all rules governing creation, alienation, + termination of easements apply to profits
• profit may be extinguished through surcharge (misuse that overly burdens the servient estate)