Licenses & Profits Flashcards
What is a license? What is the difference between a license and an easement? How is it created? When does an easement become a license?
A license is a privilege to enter another’s land for a specific purpose. It is NOT an interest in land, and can be revoked at any time (unlike an easement). It is non-transferable. If transferred, its revoked automatically.
A license does not need writing to be created.
A failed attempt to create an easement - e.g. oral promise violating SoF - will result in a license.
When is a license not revocable?
A license is generally revocable unless estoppel applies. To show estoppel here, licensee must have (a) invested substantial money or labor in (b) reasonable reliance on the licenses’s continuation.
If proven, court will allow licensee to have license until costs recouped.
What is a profit? What laws apply to creation/termination of one?
A profit allows someone to enter land to get certain resource - e.g. mineral, oil, timber.
Rules of easements apply to profits. But can also be terminated through surcharge - i.e. misuse that overly burdens estate.
