License to enter real property assignable

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Criminal Defense. What follows is a brief discussion of the difference between licenses and easements and ATG's underwriting requirements for raising and insuring over encroachments that are the subject of a license. An easement is an interest or right of use over the property of another. Like any transfer of an interest in property, a grant of easement must be written in order to comply with the statute of frauds, unless the easement has existed by prescription or implication.

The duration of an easement may be perpetual. A perpetual easement will continue in operation and effect until terminated by an act of the parties or by operation of law. Easements are classified into two groups: easements appurtenant and easements in gross. An appurtenant easement gives the owner of one parcel of land the right to use the land of another for a special purpose. This type of easement passes with the land and is transferred by conveyance. In contrast, an easement in gross is for the benefit of a specific person in the real property of another, is not assignable or inheritable, and does not pass with the land.

A license, on the other hand, only gives permission to do a particular act or series of acts on another's property. The lessor can also sue the assignee because, by taking possession of the property interest, the assignee has undertaken to perform all the duties under covenant including payment of rent.

Further it was held in Davidson v. Dingeldine , Ill. However, in Lucas v. Gross Motor Car Co. In Gomes v.