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What is the Difference Between a License and an Easement?

What is the Difference Between a License and an Easement?

Q: What is an example of a prescriptive easement?

An example of a prescriptive easement is when a neighbor regularly uses a path across another person's land for years without objection. If this use is continuous and open, the neighbor may eventually gain the legal right to use that path as a prescriptive easement, even if the landowner did not initially grant permission.

Full question:

I purchased property with the understanding I would be granted an easement to get to the property. It turned out, after the easement was granted and recorded, that the pipeline company had a right of way and they said my easement could not be used as my driveway. The owner of the land that sold me my property is going to give me another easement for my driveway. That is after I paid $2500. to have the new driveway put in with the pipeline engineers supervising it. Now he is trying, thru his lawyer, to convert the original easement to a license because I was able to get a letter from the pipeline company to grant me limited (in an emergency) access thru the original easement to my property. What is the difference between the easement and a license? I think I am getting taken advantage of. Help!

Category: Real Property
Subcategory: Easements
Date: 04/07/2025
State: Pennsylvania

Answer:

Case law has held that an oral easement is a revocable license, which is a mere privilege to enter another’s land for some delineated purpose. Easements are typically required to be in writing to satisfy the statute of frauds. A license is not subject to the statute of frauds
and freely revocable at the will of the licensor unless estoppel applies to bar revocation.
Estoppel will apply to bar revocation but only when the licensee has invested substantial money or labor or both in reasonable reliance on the license’s continuation.

There are basically two types of easements- easements in gross and appurtenant easements. Easements in gross are personal rights given to individuals or specific groups. Once the easement owner dies or, in the case of corporations, dissolves, the easement terminates. Appurtenant easements are more permanent and are given to both the property and its owner. If the property owner with an easement sells the property, the new buyer gains the easement rights that belong with the property. To be a legal appurtenant easement, the properties involved must be adjacent to each other and must be owned by separate entities.

When the title is transferred, the easement appurtenant typically remains with the property. This type of easement runs with the land; which means that if the property is bought or sold, it is bought or sold with the easement in place. The easement essentially becomes part of the legal description.

To terminate an easement, a condition for the purpose of the easement must have changed, such as:

• Easement's purpose no longer exists

• Ownership of the easement and of the land where the easement is located merges into one owner

• Land owner releases the easement

• Easement is abandoned

• Nonuse (of a prescriptive easement)

• Adverse possession by the owner of the land where the easement is located

• Court judgment in a quiet title action

• Misuse of the easement

Misuse of an easement does not usually terminate the easement but may give rise to claims for legal or equitable remedies. Legal proceedings may be necessary to interpret and determine the scope of easements.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a property owner block an easement?

Generally, a property owner cannot block an easement that has been legally granted. An easement gives the holder a right to use a portion of the property for a specific purpose. However, if the easement is misused or if it is not being used as intended, the property owner may have grounds to challenge its use. Legal action may be necessary to resolve disputes over easement access or usage.

How do I get an easement released?

To release an easement, you typically need to obtain a written agreement from the easement holder. This agreement should specify that the easement is being terminated. If the easement is appurtenant, it may also require the consent of the current property owner. It's advisable to consult a legal professional to ensure the release is executed correctly and recorded appropriately.

What does a permanent easement mean?

A permanent easement is a long-term right to use another person's property for a specific purpose, which does not expire upon the sale of the property. This type of easement runs with the land, meaning it remains in effect even if the property changes ownership. Permanent easements are often recorded in public land records to ensure they are enforceable.

Can a property owner block a prescriptive easement?

A property owner can challenge a prescriptive easement, but they cannot block it if it has been legally established. A prescriptive easement arises from continuous and open use of someone else's property over a specified period, typically without permission. If the property owner can prove that the use was not continuous or that permission was granted, they may be able to block the easement.

What is a prescriptive easement in property law?

A prescriptive easement is a right to use another person's property that is acquired through continuous and open use over a statutory period, usually without the owner's permission. This type of easement is established when the use is notorious, uninterrupted, and adverse to the property owner's interests. The specific requirements can vary by state, so it's important to consult local laws.