License Agreement versus Easement

When it comes to real estate, there are several legal terms that can be confusing, including license agreement and easement. Both of these terms refer to the right to use someone else`s property, but they have different implications and can be used in different situations. In this article, we`ll take a closer look at license agreements versus easements to help demystify the differences between them.

License Agreement

A license agreement is a legal document that grants someone else the right to use a property for a specific purpose. Licenses are often used in commercial or business settings, such as when a company wants to use a trademarked logo or copyrighted material owned by another company. In real estate, a license agreement might be used to allow a neighbor to park in your driveway or to give someone permission to fish in your pond.

One of the biggest differences between a license agreement and an easement is that a license is typically granted by the property owner on a temporary or revocable basis. This means that the property owner can terminate the license at any time, for any reason, without notice. For example, if you allow someone to park in your driveway and they start to abuse the privilege by taking up too much space or making too much noise, you can revoke the license and ask them to leave.

Easement

An easement, on the other hand, is a legal right that allows someone else to use a property in a specific way, usually for a long-term or permanent basis. Easements are often used to give someone access to a property, such as when a landlocked property needs a right of way across a neighboring property to get to a public road. Easements can also be used to give someone the right to use a portion of a property for a specific purpose, such as allowing a utility company to install power lines or giving a neighbor the right to walk across your lawn to get to their own property.

One of the key differences between an easement and a license agreement is that an easement is a property right that runs with the land, meaning that it is attached to the property and is transferred along with the property when it is sold. This means that if you grant someone an easement on your property, you cannot revoke it later unless they violate the terms of the easement or you have a valid legal reason to do so.

Conclusion

While license agreements and easements may seem similar at first glance, they have different implications and are used in different situations. If you`re considering granting someone the right to use your property, it`s important to understand the differences between these two legal concepts and choose the one that best suits your needs. A license agreement might be appropriate for a short-term or temporary use, while an easement might be more appropriate for a permanent or long-term use. As always, it`s important to consult with a qualified attorney to ensure that your legal rights and interests are protected.