Licenses & Profits Flashcards
what is a license?
a mere privilege to enter another’s land for some delineated (narrow) purpose
how is a license different than an easement?
a license (unlike an easement) is NOT an interest in land and is revocable at will by the licensor
is a license alienable (transferable)?
NO; licenses are personal to the licensee (any attempt to transfer results in revocation of license)
is a writing needed to create a license?
no (not subject to SoF)
under what 2 circumstances is a license NOT freely revocable by the licensor?
1) when estoppel applies to bar revocation, and
2) when a license is coupled with an interest
when does estoppel apply to bar revocation of licenses?
only when the licensee has invested a substantial amount of money or labor or both in reasonable reliance of the license’s continuation
**NOTE = becomes an easement by estoppel!!
how long will a license that turns into an easement by estoppel last?
until the holder recieves a sufficient benefit to reimburse them for their expenditures
how long will a license coupled with an interest be irrevocable?
as long as the interest lasts
** EXAMPLE = buyer of chattel enters seller’s land to remove chattel
what is a profit?
mechanism that entitles its holder to enter the servient land and take from it some resources (ie – soil, minerals, timber, oil) or some product of the property (ie – fish or game)
what are the rules for creating and terminating profits?
the same as for easements (PING & END CRAMP)
what is a surcharge?
misuse that wrongly over-burdens the servient estate (exploitation)
can a profit be terminated thru surcharge?
yes
