Real property law license

Because it allows for use without possession of the real property, it is similar to an easement in gross. An easement, however, must be in writing. An oral grant of permission to use real of personal property would be considered a license. Do you think a license to use property should be considered a property interest? An owner has the power to stipulate conditions of use and time constraints. A license is generally not permanent, so regardless if there is permission and continuous use of private property, this land access does not ripen into an easement property right.

There are some instances when a license may become irrevocable and convert into an easement. If the licensee holder of the license has either:. Even though licenses are generally revocable by the land owner, you may still want to seek the advice of an experienced property lawyer in your area to ensure that the license does not become permanent.

A lawyer can help you take certain precautions to protect your property interest. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law. Real Estate and Property Law. A license is permission from the owner to a licensee to do something on the owner's property. As with all things law related, the distinction is never so simple. A license American English or licence British English [1] is an official permission or permit to do, use, or own something as well as the document of that permission or permit.

A license can be granted by a party to another party as an element of an agreement between those parties. A shorthand definition of a license is 'an authorization to use licensed material. In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations.

A licensor may grant a license under intellectual property laws to authorize a use such as copying software or using a patented invention to a licensee, sparing the licensee from a claim of infringement brought by the licensor. Term: many licenses are valid for a particular length of time.

This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.

Territory: a license may stipulate what territory the rights pertain to. A shorthand definition of license is 'a promise by the licensor not to sue the licensee'. That means without a license any use or exploitation of intellectual property by a third party would amount to copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so. Intellectual property licensing plays a major role in business, academia and broadcasting.

Business practices such as franchising, technology transfer, publication and character merchandising entirely depend on the licensing of intellectual property. Land licensing proprietary licensing and IP licensing form sub-branches of law born out of the interplay of general laws of contract and specific principles and statutory laws relating to these respective assets.

Mass distributed software is used by individuals on personal computers under license from the developer of that software. Such license is typically included in a more extensive end-user license agreement EULA [ clarification needed ] entered into upon the installation of that software on a computer. Typically, a license is associated with a unique code, that when approved grants the end user access to the software in question.

Under a typical end-user license agreement, the user may install the software on a limited number of computers. This is not necessarily an easy task to accomplish. Courts have found licenses to be leases where any one or more of these characteristics is either missing from the agreement altogether or not sufficiently vested in the powers retained by the licensor. Therefore, careful drafting of appropriate license agreements will be required, and, for this purpose, there must be close cooperation between attorneys and their clients who wish to implement a license regime.

Communication to the client of the risks, as well as the benefits, of utilizing a license regime will be essential. Whether potential tenant-licensees are willing to sign such agreements may depend upon the type of premises that the owner is making available for licensed use, e.

At present, real estate license agreements appear to be utilized primarily by owners of properties licensed to short-term users: office space, laundry rooms, certain types of storage spaces, and kiosks in shopping malls. It is clear that there is a market for such agreements.

Whether there is a market for real estate license agreements for other types of occupancy may not be so apparent, but, given the need of landlords to be relieved of the onerous burdens and frustrations of traditional landlord-tenant litigation, such an agreement may be useful for the right business plan.