Property II Outline
a. Most tenuous interest, can be quickly given and taken away.
b. Permission to do something on another’s land, and w/o the permission the act would be unlawful.
i. Generally unassignable (it is deemed to be a personal right to holder)
ii. It is revocable at the licensor’s will
iii. It is not an interest in land
iv. The licensee can enter for a particular purpose and can’t expand that purpose
v. Licensee does not have a cause of action for interference by a 3rd party unless the license is irrevocable. (majority) Minority allows a licensee an action for 3rd party interference.
c. How to create
i. No formal writing or formal language is required.
ii. Only requires licensor’s permission. (oral or written (can be implied by L’OR conduct))
iii. Can’t gain a license by proscription b/c the use is permissive from inception.
d. License scope
i. Must be limited to authorized activities.
ii. L’ee can’t exceed the scope of permission.
iii. If you do, you become a trespasser.
iv. Persons other than the licensee may have the same license and/or use the same land.
i. Majority (non-assignable) any attempt to assign is rejected.
ii. Minority- any attempt to assign is a termination of the license; however, if the L’OR intends for it to be assignable, then it is.
i. Generally at will.
ii. No notice is necessary, even if consideration has been paid.
iii. L’OR may revoke even if there is a contract. (Would still have to pay damages).
iv. Must be given a reasonable time to remove stuff.
v. They can become irrevocable:
1. When the license is coupled w/ an interest. L’EE owns personal property on the L’OR’s land which is related to the license. Ex: Storing cars on the land.
2. If L’OR has given L’EE an ownership interest in crops, timber, or mineral rights, the L’OR must give time to L’EE to remove them. (possibly a growing season’s time) The time is what is ir
Transfer or sale by the L’OR.
ii. Death of L’OR or L’EE severs the relationship.
iii. Abandonment or surrender by the L’EE.
iv. License is for a specific purpose and it has been achieved or no longer valid.
v. License is for a seasonal use. (Cattle grazing)
vi. Attempted assignment (minority).
Profit – right to remove from someone’s land; e.g. timber, oil, minerals; can last indefinitely; transferrable w/ benefitted land; inheritable. (Moore: water and fish difficult to characterize b/c notion of who has the right to capture nature)
Characteristics of some natural resources:
1. Fructus naturales – (Profit) relatively permanent w/o human assistance; amounts to real property; grass, trees, minerals, oil.
2. Fructus industriales – (not Profit – right to remove governed by K law; more akin to a