How can you distinguish between a license and an easement?

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NYC2014
Posts: 101
Joined: Mon Mar 19, 2012 9:48 pm

How can you distinguish between a license and an easement?

Postby NYC2014 » Tue May 08, 2012 2:41 pm

I know the differences between the two; licenses are revocable and the SoF doesn't apply. I need to know how to tell, in a fact pattern, whether a license or an express easement has been granted. Pl0x and ty.

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TatteredDignity
Posts: 1520
Joined: Fri Jul 04, 2008 2:06 am

Re: How can you distinguish between a license and an easement?

Postby TatteredDignity » Tue May 08, 2012 2:55 pm

Unless the fact pattern explicitly tells you, that's where "Getting to Maybe" comes in and you rack up a bunch of points. If A tells B he can use X, but there isn't much additional detail, argue that it could be either a license or an easement and explain what would happen under either construction. Come to some conclusion, but it doesn't really matter which, UNLESS one of those conclusions would open an avenue for further point-getting. If that's the case, pick that one, but only after explaining both options.




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