New York Real Estate Salesperson ExaminationProperty OwnershipEasy
A property owner in New York wants to grant a neighbor permission to cross a specific portion of their land to access a public road. This permission is temporary, revocable, and does not create an interest in the land. Which of the following best describes this arrangement?
- AEncroachment
- BEasement Appurtenant
- CEasement by Prescription
- DLicense
Show answer & explanationAnswer & explanation
Correct answer: D. License
A license is a temporary, revocable privilege to use another's land for a specific purpose, which does not create an estate or interest in the land. This exactly matches the scenario described.
Why the other options are wrong
- A. An encroachment is an unauthorized intrusion onto another's property, which is not what the owner is granting.
- B. An Easement Appurtenant is a permanent right benefiting an adjoining parcel of land, not a temporary, revocable permission.
- C. An Easement by Prescription is acquired through long-term, open, notorious, hostile, and continuous use, not by temporary permission.
License (Real Estate)
A personal, revocable, and non-assignable privilege to do a specific act or series of acts on the land of another, without possessing any estate or interest in the land.
- Temporary and personal
- Can be revoked by the grantor at any time
- Does not create an interest in the land
Memory trick: Licenses are like 'Permission Slips' for land, easily given and taken back.