Chapter 7: License to use land

Chapter 7 Key Terms (4):

1.) dominant tenement 2.) irrevocable license 3.) license 4.) servient tenement

Chapter 7 Learning Objectives (2):

1.) identify the limited rights to use another person's real estate that comprise a license to use land; and 2.) distinguish a license to use land from the use of property under a leasehold or due to an easement.

Characteristics which distinguish a license from a lease include (7):

1.) no writing to formalize the agreement 2.) no rental payments 3.) no specific location on or within the property where the use will occur 4.) no intent to convey a leasehold estate 5.) no right to exclude others 6.) no termination date and 7.) termination at the owner's will, unless the license is irrevocable.

What is a servient tenement?

A property burdened by a license or easement.

What is a license?

The personal, unassignable right held by an individual to the non-exclusive use of property owned by another.

What is a dominant tenement?

The property benefitting from an easement on a servient tenement.

What is an irrevocable license ?

The right to enter and use property when the specific activity granted by the license is maintained by the licensee's on-going expenditure of money or equivalent labor, and remains feasible.