Real Property Licenses

  • A license grants authority to act on another's land without possessing it
  • Licenses are revocable non-assignable privileges
  • Licenses can be oral, unlike leases which require written agreements
  • Licensees can only occupy the land as necessary to complete the authorized act
  • Leases generally require consideration, but licenses can be created with or without it

Creation and Termination of Licenses

  • Licenses are created by express or implied agreements
  • Licensor's agreement can be shown in writing or through acquiescence
  • Licenses do not require consideration
  • Essential characteristics of a license include the licensor's right to revoke at will, absolute control over the premises, and provision of essential services
  • A license can be distinguished from a lease based on these characteristics
  • Licensor can cancel a pure licensing agreement at will, unless coupled with an interest or made irrevocable by contract
  • Coupled licenses cannot be revoked without liability and potential damages
  • Reasonable time must be provided to remove the interest from the property before termination
  • License is terminated and unenforceable against new property owners in case of property sale
  • License agreement is terminated upon the death of either the licensee or licensor

Remedies for Licenses

  • Courts cannot grant specific performance if a license is revocable at will
  • Licensee cannot bring forcible entry claims or detainer proceedings
  • Damages may be awarded if licensee can show detrimental reliance on the license
  • Irrevocable licenses with a set term and valid consideration may lead to breach of contract claims
  • Statutory notice is required before commencing special proceedings to recover possession of the property

Mass Licensing of Software

  • Mass distributed software is used under license from the developer
  • End-user license agreements (EULAs) are typically associated with software installation
  • Licenses are often tied to unique codes for access
  • Users may install the software on a limited number of computers
  • Enforceability of end-user license agreements can be questioned

Patent Licensing

  • Patent owners can grant permission to others for activities within the scope of the patent
  • License agreements allow making, using, selling, offering, or importing patented products
  • Such agreements are known as patent license agreements or covenants not to sue
  • Agreements can have specific time periods or last for the entire life of the patent
  • Different licensing models exist for software vendors to profit from their offerings.

License Mentions

License Data Sources

Reference URL
Knowledge Graph