Servitudes: Licenses & Profits

Question 1

License: Definition

Answer 1

A right to use antoher person’s (licensor’s) land, which is revocable at the licensor’s will

E.g. Oral permission for neighbor to use licensor’s pool, right to use a parking lot, tickets to an event

Question 2

License: Distinguish from affirmative easement

Answer 2

A license is a privilege, not an interest in land

Question 3

License: Revocability

Answer 3

Licensor may revoke the privilege at any time, unless estoppel applies

• Any attempt to assign or transfer revokes the license

Question 4

License: Statute of Frauds

Answer 4

No SOF requirement (may be oral or written, can result from easements that are invalid under SOF)

E.g. Oral grant of a permanent easement between neighbors may result in a license because SOF is not satisfied

Question 5

Profit: Definition

Answer 5

A non-possessory property interest entitling its holder to enter a servient estate to remove resources (e.g. minerals, timber, soil, fish)

• Same creation, transferability, termination rules as easements

Question 6

Profit: Extinguishment

Answer 6

A profit may be extinguished through misuse or overuse of resources on the servient estate