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  • License Issues

  • A license for the use of land is similar to an easement, but it is a personal interest and not an interest in land. Because it is not an interest in land, with certain exceptions it may be unilaterally terminated by the person who owns the underlying land. For example, a homeowner may grant the right to a neighbor to park a vehicle on his land: this would constitute a license. It is easy to grant a license, and it may be burdensome to cause the licensed user to stop their use. For this reason, anyone considering the granting of a license should seek the advise of a lawyer who is experienced in this area.

    DAMAGE BY A LICENSE HOLDER: A license holder may exceed the limits of their license, and if they thereby cause property damage in the use of the license, an action in nuisance or trespass could result. If the licensed use is exceeded without having caused damage, the license may simply be revoked, subject to limitations based upon the monetary investment by the license user in the land itself (ie: costly concrete driveway installation). This would then would require that the license holder be permitted to continue the use for a reasonable amount of time before cessation (also known as "amortization").