What is the difference between real property easements and licenses?

An easement is a legal right that allows one party to use another’s land for a specific purpose, such as accessing a road or installing utilities. They are generally permanent and can benefit a particular person, group, or the public, often established through agreements or necessity.

In contrast, a license is a temporary, revocable permission granted by a landowner to another party for a specific land use. Licenses are personal, non-transferable, and do not create a lasting interest in the property. They can be revoked at any time by the landowner and typically terminated after fulfilling their purpose.

How easements work

Easements often benefit individuals or the general public. For example, a utility easement allows a utility provider to install and maintain infrastructure, ensuring the property owner receives essential services like electricity, water, or telecommunications.

They can be created to outline legal rights and protections for each party, including:

1. Deed reservation: When a property owner sells a portion of their land but reserves an easement for themselves.
2. Agreement: Through mutual consent between the landowner and the party seeking the easement.
3. Prescription: Similar to adverse possession, where continuous and open use of the land for a statutory period creates an easement.
4.  Necessity: When an easement is essential for accessing a landlocked property.
5. Eminent domain: When the government or a utility company takes private land for public use.

Types of easements

There are primarily two types of easements:

1. In Gross: Benefits a person or entity rather than a piece of land—for example, a utility company’s right to run power lines across private property.
2. Appurtenant: Benefits a specific piece of land (known as a dominant tenement) and burdens another piece of land (the servient tenement).

The duration and termination of easements

Easements are typically perpetual unless the agreement specifies a fixed term. They are often terminated for one of the following reasons:

1. Expiration: The easement ends after a specific period or fulfilling its purpose.
2. Agreement: The involved parties mutually agree to terminate the easement.
3. Abandonment: The easement holder stops using the easement and shows intent to abandon it.

Licenses work differently

A license is a permissive right granted by a property owner to another party to use their land for a specific purpose. Notable characteristics of a license include:

1. Personal nature: A license is not transferable and personal to the person or group of persons granted it.
2. Creation by agreement: It can be established through express agreements (written or spoken) or implied through conduct.
3. Revocability: The property owner can revoke it at any time and generally terminates when it is no longer needed or when it fulfills its purpose.

Each has its purpose

Understanding the differences between a license and an easement is essential for anyone studying their property rights and protections. Both concepts play crucial roles in managing land use and ensuring that property owners and users can protect their rights while coexisting and benefiting from the land’s resources. Those with questions  about easements or licenses can reach out to the attorneys at Max L. Lieberman & Associates, P.C. at 610-936-6612 for assistance.