What is the difference between a license and an easement?

The primary difference between a license and an easement in North Carolina is that a license is a temporary agreement that grants a person the right to do something that they would not normally be allowed to do on a neighbor’s property. On the other hand, an easement is a permanent agreement that grants a person an ongoing right to enter and use the neighbor’s property. A license is considered a personal contract, as it can be revoked at any time if either the grantor or grantee chooses to do so. The licensee is not entitled to any additional rights than what was agreed upon in the license. In comparison, an easement grants specific rights that are irrevocable. It also gives the holder the legal right to use the entire area of the easement and can be transferred to subsequent owners. Additionally, a license does not need to be recorded in the public records, whereas, an easement must. This ensures that anyone searching the public records, including potential buyers of the property, are aware of the easement. To summarize, the key distinction between a license and an easement is that a license is a temporary right, while an easement is a permanent right that must be recorded in the public records. A license grants only the rights that are specified, while an easement gives the holder additional rights relating to the use of the neighbor’s property.

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