5.4 Licenses

Licenses

A license is a personal right that a property owner grants to another person to use the property for a specific purpose. Licenses are not transferrable, do not attach to the land, and cease on the death of either party or on the sale of the property.

Unlike a personal easement in gross, a license is revocable at any time and is often granted informally or verbally. For example, a farmer may grant a neighbor permission to cross his land to fish in a pond—this is a license, not an easement.

Check-In Questions

• Which of the following is a key characteristic of a license?
  It is transferrable to new owners
  It is revocable at any time
  It attaches to the land
  It lasts forever
  Show Answer

  Correct Answer: It is revocable at any time
  A license can be revoked by the property owner at any time.
• How is a license different from a personal easement in gross?
  A license is permanent
  A license is revocable and does not attach to the land
  A license is always written
  A license is a real property interest
  Show Answer

  Correct Answer: A license is revocable and does not attach to the land
  Unlike an easement, a license is temporary, personal, and revocable.