Find Laws Find Lawyers Free Legal Forms USA State Laws
Home » Find Laws » Real Estate Laws » Encumbrances » Facts About Encumbrances Licenses

Facts About Encumbrances Licenses

Encumbrances Licenses

Licenses, although similar to easements, differ greatly from such a scenario, based on function and obtainment. This is because licenses do not grant an interest over a property, but merely a permission to perform a certain action on that property. A license is the allowance of a specific act, or group of acts, on a property belonging to someone else. Licenses can be obtained in many ways, and simply grant authority to an individual over a countering land.

Licenses may be granted either in writing, or verbally by both parties. A verbal agreement from a property owner, to the person that will use it for a specific act, is enough to grant them a license. In this case, the license can exist until the owner wishes, and he or she can withdraw it at anytime. Once the license has been withdrawn by the property verbally, then the person may no longer use the land or can be seen as a trespasser.

If a license is documented in writing, and there has been some sort of compensation by the user to the land owner, then that license is permanent and cannot be revoked. Once a license is created, the terms pertaining to that license are stringent and not flexible in any way. The person that has been given the license, the licensee, cannot try to change any varying factors in the license or its terms.

There is a type of license known as an implied license, given to people in the form of instructions on signs, ads, etc.. For example stores, restaurants, malls, they provide people entering their places a license to enter and view their merchandise as well as to purchase it. Their invitation to such actions in the form of "sale" signs, and objects of that nature serves as an implied license for the shopper. Also, stores that post the "Come on In, We're Open" signs on the door invite those outside of it to enter and shop or eat at their establishment through an implied license.

Implied licenses may be revoked at any time, and once this has happened, the person that is found to be on the property without a license any longer, is accountable for their actions. They can be charged for trespassing without the right or license to do so, and can be prosecuted under law.

NEXT: What are the Encumbrances Building Codes

Related Articles

Link To This Page


Find an MA Lawyer
Guide to Finding a Lawyer