Easement vs. License

Attribute	Easement	License
Definition	Non-possessory right to use another person's property	Permission to use another person's property
Transferability	Generally transferable with the land	Generally not transferable
Duration	Can be permanent or temporary	Usually revocable at any time
Creation	Created by express grant, implication, or prescription	Created by permission or agreement
Enforceability	Enforceable against subsequent owners of the servient estate	Enforceable only against the licensor

Definition

An easement is a legal right to use another person's land for a specific purpose. This could include the right to walk across the land, access a water source, or install utility lines. Easements are typically permanent and run with the land, meaning they are attached to the property itself rather than the individual owner. On the other hand, a license is a temporary permission to use someone else's property. Licenses are revocable at any time by the property owner and do not transfer with the property.

Creation

Easements can be created in a variety of ways, including by express grant, implication, necessity, or prescription. An express grant is a written agreement between the parties involved, while an implied easement may arise when it is necessary for the use and enjoyment of the dominant property. Necessity easements are created when there is no other way to access the property, and prescriptive easements are acquired through continuous use over a certain period of time. Licenses, on the other hand, are typically created through a simple agreement between the parties involved and do not require any specific formalities.

Scope of Use

Easements are generally more permanent and have a broader scope of use compared to licenses. Easements can include the right to do specific actions on the property, such as installing a fence or driveway. Licenses, on the other hand, are usually more limited in scope and may only allow for a specific use of the property, such as parking in a designated spot or attending a specific event. Easements are also typically more enforceable in court compared to licenses, which can be revoked at any time by the property owner.

Transferability

Easements are typically attached to the property itself and transfer with the land when it is sold or transferred to a new owner. This means that the new owner of the property is bound by the easement and must allow the holder of the easement to continue using the property as specified. Licenses, on the other hand, are personal agreements between individuals and do not transfer with the property. If the property is sold or transferred, the new owner is not obligated to honor the license and can revoke it at any time.

Termination

Easements can be terminated in a variety of ways, including by mutual agreement, abandonment, or court order. Mutual agreement between the parties involved can result in the easement being extinguished, while abandonment occurs when the easement holder no longer uses the property for the specified purpose. Licenses, on the other hand, can be terminated at any time by the property owner without the need for mutual agreement. Licenses are revocable by nature and do not have the same level of permanence as easements.

Legal Protection

Easements are generally more legally protected compared to licenses. Easements are considered property rights and are protected by law, meaning that the holder of the easement has a legal right to use the property as specified. If the property owner interferes with the easement holder's rights, the holder can take legal action to enforce the easement. Licenses, on the other hand, are considered personal agreements and do not have the same level of legal protection. If the property owner revokes the license, the licensee may not have legal recourse to enforce the agreement.

Conclusion

In conclusion, easements and licenses are both legal rights to use someone else's property, but they differ in terms of permanence, transferability, scope of use, and legal protection. Easements are typically more permanent, have a broader scope of use, and are attached to the property itself. Licenses, on the other hand, are temporary, have a limited scope of use, and are personal agreements between individuals. Understanding the differences between easements and licenses is important for property owners and individuals seeking to use someone else's property for a specific purpose.