MBE Rules · Real Property
License vs. easement
The rule
A license is a revocable, non-possessory permission to use another's land that need not satisfy the Statute of Frauds; an easement is an irrevocable interest in land that generally must be in writing. A license becomes irrevocable (an "easement by estoppel") when the licensee reasonably and detrimentally relies on the licensor's representation that the license is permanent.
In plain English
Same activity — walking across a neighbor's yard — can be either. A license is like a movie ticket: revocable at any time. An easement is a durable property right. Detrimental reliance flips a license into estoppel territory.
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