Which statement best distinguishes an easement from a license?

Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

Which statement best distinguishes an easement from a license?

Explanation:
The key distinction is the nature of the interest created. A license is only permission to use someone else’s land and does not create a property interest; it can be revoked and generally cannot be transferred or inherited. An easement, in contrast, is a non-possessory property right that benefits land and, once granted, runs with the land, effectively binding successors and allowing transfer with the property. That’s why the correct statement says a license is revocable and cannot be inherited or transferred, while an easement is a property right that runs with the land. The other options either describe the reverse relationship or add requirements (like court involvement) that aren’t defining features of the distinction.

The key distinction is the nature of the interest created. A license is only permission to use someone else’s land and does not create a property interest; it can be revoked and generally cannot be transferred or inherited. An easement, in contrast, is a non-possessory property right that benefits land and, once granted, runs with the land, effectively binding successors and allowing transfer with the property. That’s why the correct statement says a license is revocable and cannot be inherited or transferred, while an easement is a property right that runs with the land. The other options either describe the reverse relationship or add requirements (like court involvement) that aren’t defining features of the distinction.

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