⇒ To avoid intrusion (or harassment) actions, you need a license. For example, you need a license to see a movie in the cinema (v Picture Theatre [1915]). While land permits share similarities with other common charges such as easements, leases, and opposing property, there are important differences. Easements: An easement, unlike a license, creates an exclusive, ownerless interest in real property. In addition, an easement, unlike a license, is potentially irrevocable. While a license is a personal right, an easement runs with the land, meaning that subsequent owners are bound by the terms of the easement. ⇒ A license is personally NOT proprietary, which means it is a land right and NOT a land interest. In other words, it is only enforceable between you and the person with whom you have agreed the license. See the thematic notes on personality and property rights here.
Do you think that a licence to use real estate should be considered an interest in ownership? Why or why not? If so, what types of uses should be considered proprietary interests? ⇒ You are NOT allowed to enter land owned by another person without their permission. Even though licenses can usually be revoked by the owner, you should always seek the advice of an experienced real estate attorney in your area to ensure that the license does not become permanent. A lawyer can help you take certain precautions to protect your real estate interests. An easement, on the other hand, is an ownerless interest in someone else`s land. This is an important difference because an easement is an «interest in land» and not a mere contractual right. Easement rights, unlike licenses, travel with the land and bind subsequent landowners. Easements are also potentially irrevocable. Given the importance that an easement can have for the rights of the owner, explicit easements must be in writing. Licences, on the other hand, can and often are issued in writing. Easement holders are also protected from interference by third parties, unlike licensees. Since the interest of the holder of the easement is «without ownership», the owner can only use the asset encumbered by the easement. For example, an access easement on someone else`s asset would give the holder of the easement the right to use only the access area of the encumbered asset, not the entire asset.
Importantly, unlike a licensee, an easement holder would be entitled to compensation for conviction. Thus, if a government agency condemns land for which a licensee holds a licence, the licensee would not be entitled to compensation for the destruction of its licence. A holder of an easement, on the other hand, would be entitled to compensation for the destruction of his easement. ⇒ Equivalent remedies are available to the Licensee to prevent revocation. For example, if the licensor revokes the licence it has granted to the licensor in breach of contract, it may be restricted by an injunction, for example in Verrall v. Great Yarmouth BC (1980). The difference between lease and license is the difference between two different legal concepts that relate to a person`s duties and rights in a contract. A lease is a contract between a tenant and a landlord that gives the tenant an exclusive interest in the property. A license, on the other hand, is when the owner gives permission to a licensee to perform an action on the owner`s property. The main difference is therefore that leases give one person the right to control ownership, while licences only give one person the right to respond. A landowner may grant additional access to their property by licence. A license is a contractual authorization from the owner to do something on the owner`s property that would otherwise be considered trespassing.
When assessing whether or not a property permit is appropriate for your situation, it is important to consider the main characteristics of a permit: they are (mostly) revocable at any time, are personal and cannot be transferred, are non-exclusive and uninsurable. With that in mind, a permit may be an option for you if you`re looking for temporary, short-term, or minor needs, such as access for service vehicles or guests. They can also be an option for a landowner who wants to grant another a more temporary right to perform certain actions on the land. Leases create an interest in the property in question. As long as the lease is expiring, the party renting the property has some ownership of the property, including the right to keep any person, including the owner, away from the property (although the landlord may reserve the right to enter the property during normal hours of the day for specific and agreed purposes such as repairs). Because of these ownership rights, leases may be transferred to another party; In the case of apartments, we talk about subletting. When considering whether or not to apply for a land permit, it is important to consult a competent lawyer, as there can be pitfalls and unintended consequences when purchasing a license. ⇒ license coupled with a concession: You can therefore have a license related to an interest in the land. For example, a permit to go to someone`s land to collect wood.
However, it is misleading to speak of licenses in this sense, since the right to go to the land in this way is actually called «profit». ⇒ Contractual License: This is a license that is granted in exchange for valuable consideration. For example, a movie ticket is a temporary license to use land to watch a movie. A licence to use land, in writing or orally, gives the parties certain powers, usually revocable, to perform certain acts on land. However, it does not transfer ownership of the land to the licensee. The asset encumbered by the licence is called a service house, and the licensee is called the licensee.