A property owner grants a neighboring landowner the right to cross their property to reach a nearby public road. The agreement is verbal and does not indicate an intent for the right to be permanent. What is the legal nature of the right granted to the neighboring landowner?
The correct answer is a license. A license is a revocable, non-permanent permission granted to someone to use another’s property. Since the agreement here is verbal and does not demonstrate an intent for permanence or adherence to the formal requirements for creating an easement (such as including it in writing to satisfy the Statute of Frauds), the right granted is a license. Easements generally require formal creation methods, often in writing. Profits allow extraction of natural resources, which is not applicable here since the right is merely for passage. Finally, this scenario does not qualify as adverse possession because it involves permission and lacks the necessary adverse use over time.
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What is a license in property law?
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What distinguishes a license from an easement?
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What formal requirements exist for creating an easement?