What is the difference between a license and an easement?
A license and an easement are both forms of property rights, but they differ in some important ways. A license is a non-exclusive, revocable right to use another person’s property. It is usually given to a person for a limited amount of time. For example, a homeowner might give a renter a license to use the property for a certain number of months. The licensor (the owner of the property) can revoke this right at any time, meaning the licensee (the person holding the license) no longer has permission to use the property. On the other hand, an easement is an exclusive, permanent right to use another person’s property in a specific way. An easement can be created by an agreement between two people or granted by a court. Generally, an easement is used to help provide access or use of a property. For example, a landowner may grant an easement to a neighbor allowing them to have access to a public road through their property. An easement remains in place even if the land changes hands. In California, all licenses and easements must be recorded in the county’s public records in order to be valid. Both forms of property rights can be valuable, depending on the context and the circumstances involved. It is important to seek the advice of a lawyer familiar with property law if you have any questions or concerns about licenses or easements.
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