Licenses

The previous chapter examined easements, which grant legally enforceable rights to use another person's land without transferring ownership. Easements are recognized property interests that may continue for decades and, in many cases, bind future owners of the land.

Not every right to enter another person's property, however, is an easement.

Every day, millions of people enter private property with the owner's permission. Customers enter stores. Friends visit homes. Contractors access construction sites. Guests attend sporting events, concerts, and private gatherings. These individuals may lawfully enter another person's land, yet they acquire no ownership interest and generally no continuing property right.

These permissions are known as licenses. (Legal Information Institute)

Understanding the distinction between easements and licenses is essential because the two concepts often appear similar while producing dramatically different legal consequences. An easement is generally a property interest in land. A license, by contrast, is ordinarily a personal permission that may be revoked by the landowner.

A license is permission granted by a landowner allowing another person to enter or use land in a manner that would otherwise constitute a trespass. (Legal Information Institute)

Unlike an easement, a license generally:

• creates no estate in land;
• creates no ownership interest;
• creates no possessory interest; and
• is ordinarily revocable by the person granting the permission.

A license therefore exists because the property owner has chosen to permit conduct that would otherwise be unlawful.

For example:

• inviting a friend into a home;
• allowing a neighbor to park temporarily in a driveway;
• permitting a contractor to enter property to perform repairs;
• allowing customers to enter a retail store during business hours.

In each case, the landowner retains ownership and possession of the property while temporarily authorizing another person's presence.

Licenses allow ordinary social and commercial activities to occur without transferring property rights.

Without licenses, countless routine interactions would expose individuals to liability for trespass. (Legal Information Institute)

Common examples include:

• social guests visiting private residences;
• customers entering businesses;
• spectators attending sporting events;
• concert attendees entering privately owned venues;
• delivery personnel approaching homes;
• contractors entering property to perform agreed work;
• hunters or anglers receiving temporary permission to use private land;
• temporary parking permission.

Licenses provide flexibility because they authorize use of land without permanently burdening title or creating enduring property interests.

Although state law may recognize limited exceptions, licenses generally possess several defining characteristics.

Personal to the Licensee

A license ordinarily belongs only to the individual receiving the permission.

Unlike many easements, it generally does not transfer automatically to successors or assigns.

For example, permission given to one neighbor to use a private driveway ordinarily does not authorize every future owner of that neighbor's property to continue using it.

Generally Revocable

The defining characteristic of a license is its revocability.

Because a license ordinarily creates no interest in land, the landowner generally retains the ability to withdraw the permission at any time, unless an exception recognized by law applies.

Generally Non-Transferable

A license is typically personal.

The licensee generally cannot sell, assign, or otherwise transfer the permission to another person without the licensor's consent.

Does Not Run with the Land

Unlike many easements, licenses generally do not become part of the property's title.

If ownership of the property changes, the license ordinarily does not bind the new owner unless another legal doctrine applies.

Licenses may arise in several ways.

Express License

The simplest method is an express grant of permission.

The permission may be:

• oral;
• written; or
• communicated through other clear expressions of consent.

Examples include:

• "You may park your vehicle in my driveway this weekend."
• or
• "You have permission to hunt on my property during deer season."

Unlike most easements, licenses generally do not require a formal conveyance of an interest in land.

Implied License

A license may also arise by implication from the circumstances.

Examples include:

• customers entering a grocery store during business hours;
• postal carriers approaching a residence to deliver mail;
• visitors walking to a home's front door for lawful purposes;
• invited guests entering a backyard gathering.

These permissions need not always be stated expressly because they arise from ordinary social or commercial expectations.

As a general rule, a landowner may revoke a license at any time.

Once permission has been withdrawn, the former licensee no longer possesses legal authority to remain on the property.

Continued entry after revocation may constitute trespass.

Notice of Revocation

Revocation may occur through:

• direct communication;
• written notice;
• verbal instruction to leave;
• conduct clearly demonstrating withdrawal of permission.

The effectiveness of revocation depends upon the circumstances and applicable state law.

Irrevocable Licenses (Introduction)

Although revocability is the general rule, courts in some circumstances recognize irrevocable licenses.

These situations often involve doctrines such as:

• estoppel;
• substantial reliance;
• expenditures made in reliance upon the permission.

Because these doctrines vary considerably among jurisdictions, they will be examined separately in a later chapter devoted to equitable property doctrines.

Because both licenses and easements permit use of another person's land, they are frequently confused.

The distinction is fundamental.

An easement creates a legally recognized interest in land. (Legal Information Institute)

A license generally creates only personal permission. (Legal Information Institute)

Licenses are also frequently confused with leases.

The principal distinction concerns possession.

A lease generally grants:

• exclusive possession;
• a defined leasehold estate;
• contractual rights associated with tenancy.

A license ordinarily grants only permission to perform specified acts on the property.

The landowner generally retains possession and control throughout the licensed use.

For example:

A hotel guest typically occupies a room pursuant to contractual arrangements governed by state law, while a customer entering a retail store ordinarily does so as a licensee unless another legal relationship exists.

Understanding this distinction is important because different bodies of law govern leases and licenses. (Legal Information Institute)

Licenses appear throughout modern property law.

Common examples include:

• retail businesses;
• restaurants;
• hotels;
• sporting events;
• concert venues;
• museums;
• amusement parks;
• temporary construction access;
• hunting clubs;
• private recreational property;
• parking permissions.

Because licenses generally create no enduring property interest, they allow landowners to authorize temporary uses without permanently affecting title.

"A License Gives Me Ownership Rights"

It does not.

A license generally authorizes only limited use.

Ownership remains with the landowner.

"Written Permission Automatically Creates an Easement"

Incorrect.

A written document may create either a license or an easement depending upon its language, the parties' intent, and the governing law.

Not every written permission conveys an interest in land.

"Long-Term Permission Is Always an Easement"

Not necessarily.

Some long-term arrangements remain licenses, while others may give rise to separate legal doctrines depending upon the facts and applicable state law.

Duration alone does not determine whether a property interest has been created.

Licenses should be understood alongside other doctrines discussed throughout this volume.

This comparison illustrates that property law protects many different relationships to land.

Some involve ownership.

Some involve possession.

Others involve only limited permission.

Understanding those distinctions is essential before studying restrictive covenants, servitudes, and conveyancing. (Legal Information Institute)

A proper study of licenses begins with binding legal authority.

Primary Authorities

• State property statutes
• State trespass statutes
• Judicial decisions interpreting licenses
• Written license agreements
• Applicable state contract law

Authoritative Secondary Sources

Among the leading secondary authorities are:

• Restatement (Third) of Property: Servitudes
• Powell on Real Property
• Thompson on Real Property
• Tiffany Real Property
• American Law of Property
• Corpus Juris Secundum (C.J.S.) Licenses
• American Jurisprudence 2d (Am. Jur. 2d) Licenses

These authorities explain and synthesize the doctrine of licenses but do not replace controlling statutes or judicial decisions.

• A license is generally a personal permission allowing another person to enter or use land without acquiring a property interest.
• Licenses ordinarily create no estate in land, no possessory interest, and no ownership rights.
• Unlike easements, licenses are generally revocable, personal to the licensee, and do not run with the land.
• Licenses may arise through express permission or implication from the surrounding circumstances.
• After a license is revoked, continued entry onto the property may constitute trespass.
• Distinguishing licenses from easements and leases is essential for understanding modern property law, land-use rights, and real estate transactions.

Next Chapter — Covenants and Equitable Servitudes

The next chapter examines covenants and equitable servitudes, which differ from easements and licenses because they regulate how land itself may be used rather than granting a right to enter or use another person's property. Readers will learn how restrictive covenants bind land, how equitable servitudes are enforced, and why these doctrines are fundamental to modern subdivisions, planned communities, commercial developments, and private land-use regulation.