Paralegal Certification PrepTorts and Property LawMedium
A property owner wants to grant their neighbor permission to cross a specific portion of their land to access a public road. This permission is intended to be temporary and revocable at any time. Which legal term best describes this arrangement?
- ALicense
- BEasement appurtenant
- CProfit à prendre
- DEasement in gross
Show answer & explanationAnswer & explanation
Correct answer: A. License
A license is a personal, revocable privilege to enter or use another's land for a specific purpose, which fits the description of temporary and revocable permission.
Why the other options are wrong
- B. An easement appurtenant is a permanent right to use another's land for the benefit of an adjacent parcel, typically runs with the land, and is not easily revocable.
- C. A profit à prendre is the right to enter another's land and remove something from it (e.g., timber, minerals), which is not the case here.
- D. An easement in gross is a personal right to use another's land, not tied to an adjacent property, but it is generally irrevocable once granted, unlike a license.
License (Property Law)
A revocable, personal privilege to enter or use another's land for a specific purpose, without conveying any interest in the land.
- Personal and not transferable.
- Revocable at will by the landowner.
- Does not create an interest in real property.
Memory trick: A license is like a library card: temporary, personal, and can be revoked.