Licenses & Profits Flashcards
(2 cards)
License
Mere privilege to enter another’s land for narrow/delineated purpose
* Freely revocable at will of licensor unless estoppel applies
Creation:
* No writing required (not subject to the staute of frauds)
Ticket Cases:
* Create a freely revocable license (you must sue in contract)
* Ex: kicking someone out of their seat for someone else
Neighbors talking by the fence:
* Usually creates freely revocable license (Ex: Neighbor A, talking by the fence with neighbor B, says, “B, you can have that right of way across my land.”)
* Beware of seemingly oral easements
* Statute of frauds issue(easement for more than a year or express easement concerning land must be in writing)
Estoppel:
* When licensee has invested substantial money/labor on expectation that license would continue
Profit
Entitles holder to enter servient land & take resources
* Ex: the soil, some substance of the soil (such as minerals, timber, or oil), or some product of the property (such as fish or game).
* Share all rules of easements
Surcharge = Termination
* A misuse that overly burdens the servient estate
