Licenses and Profits

Question 1

Defintion of license

Answer 1

The license is a mere privilege to enter another’s land for some delineated purpose.

Question 2

Difference between licenses and easements

Answer 2

• Easements are grants of a property interest that is not easily terminated
• Licenses are far flimsier and are mere priveleges.
  
  • e.g. newspaper boy

Question 3

How licenses are created

Answer 3

• Oral agreements are sufficient to create licenses.
• Not subject to SoF, so no writing needed

Question 4

Revocation of licenses

Answer 4

• Licenses are freely revocable, at the will of the licensor, unless estoppel applies to bar revocation.
  
  • But, if the licensee and licensor had a contract for the license, licensor still liable for any breach. e.g. Show ticket sale where someone isn’t permitted to enter

Question 5

Effect of two people orally agreeing to an “easement”

Answer 5

License is instead created. Freely revocable

Question 6

When estoppel applies to license revocation

Answer 6

• Estoppel will bar revocation when the licensee has invested substantial money and/or labor in reasonable reliance on the license’s continuation.
• Estoppel is not indefinate. Cts will extend to a reasonably necessary time for the licensee to benefit from her investment.

Question 7

VA law on license estoppel

Answer 7

• When estoppel bars license revocation, VA calls it an “equitable easement”. Other places call this an “irrevocable license”
• In VA, a license is called an “oral easement”.

Question 8

Profit Definiton

Answer 8

• The profit entitles holder to enter the servient tenement and take soil or some other esource, such as minerals, timber, oil, fish or wildlife.
  
  • e.g. A has a profit to go to the excavation site and take dirt samples

Question 9

Rules for creating and terminating profits

Answer 9

Same rules as easements