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Real Property • Easements
PROP#121
Legal Definition
A failed attempt to create an easement results in a license.
Plain English Explanation
A "License" is a legal permission slip. A driving license gives its holder permission to drive a car on public roads. A fishing license gives its holder permission to fish in specific bodies of water. When an easement is attempted to be created but fails (for whatever reason), the result is a license.
What's the difference? Easements are interests in property. They are in the same class as leaseholds and life estates. Licenses, on the other hand, are merely privileges that can be revoked whenever the licensor (the person who gave the license) wants.
What's the difference? Easements are interests in property. They are in the same class as leaseholds and life estates. Licenses, on the other hand, are merely privileges that can be revoked whenever the licensor (the person who gave the license) wants.
Visual Aids
Related Concepts
How can an easement be terminated?
How is an easement created?
How is an easement terminated via abandonment?
How is an easement terminated via destruction or condemnation?
How is an easement terminated via estoppel?
How is an easement terminated via prescription?
How is an easement terminated via release?
How is an easement terminated via stated condition?
How is an easement terminated via unity of ownership?
If the holder of an easement misuses it, does the easement terminate?
In assessing an easement, who has a duty to make repairs?
In assessing a property law issue, how may a license become irrevocable?
In assessing a property law issue, what is a license?
What constitutes a valid easement by express grant?
What is an affirmative easement?
What is an easement?
What is an easement appurtenant?
What is an easement by prescription and how is it acquired?
What is an easement in gross?
What is a negative easement?
What is the difference between a license and an easement?
When does an easement by express reservation arise?
When does an easement by necessity arise?
When does an easement by necessity terminate?
When may an easement be implied without preexisting use?
When may existing use create an implied easement?
