Difference Between Right to Easement and License

A person who has the legal right to use another person's land for a certain purpose over his own property is said to have an easement. The real owner of that property continues to be listed on the property's title.

When we discuss an easement, we are essentially saying that the owner or holder of the property has the right to use the property of another to benefit his own.

What is Easement?

According to Section 4 of The Indian Easements Act, 1882, an "easement" is a right that the owner or occupier of a specific parcel of land has in order to use that land in a beneficial manner by doing or continuing to do something on it or by stopping something from happening on another parcel of land that is not his own.

Terms Used Under Easement

Following are some legal terminology that is used in connection with the [Easement] −

• Dominant Heritage

• Dominant Owner

• Servient Heritage

• Servient Owner

Mode of Acquisition of Easements

There are two modes of acquisition of easement are −

• Express Grant

• Implied Grant

What is License?

A license is only an authorization to utilize property. It enables someone to enter another person's property for a predetermined reason. What else would be a trespass if it were justified by an authority? No land interest is granted by it.

Permission to enter or utilize another's property is known as a "license" in property law.

Categories of License

There are three categories of License −

• Bar License

• Contractual License

• Licenses coupled with an interest

Essentials of License

Here, are some essentials of License −

• Two different people.

• A grant is required.

• A license is constantly beneficial.

• A permit is granted so that something may be done on or inside the grantor's real estate.

• Only a personal right or responsibility is established by the license; it has nothing to do with property ownership.

Difference Between

There are some differences between easement and License-

License	Easement
It defines right in personam	It defines right attached with the property
It is revocable on the will of grant	It is not revocable at the will of grant
It is non-transferable right	It is transferable right
In this case, continuous use is not necessary	In this case, continuous use is necessary

Conclusion

The Indian Easements Act outlines the right to easements as a whole and how it is governed in India. According to Section 4 of the Act, an easement is a privilege that the owner of the dominant heritage has over the heritage of the servient owner for the purpose of enjoying his own land. It not only explains what exactly an easement is but also offers classifications for easements. Easements may be statutory, accustomed, quasi-, or necessary.

After that, methods of gaining easements have been laid out in Section 7 of the aforementioned Act, according to which they can be obtained by an express grant or are occasionally deemed to be inferred rights. If an easement is to be acquired through an express grant, then the deed of sale, mortgage, or other document that corresponds to the form of transfer must specifically contain this phrase. Easements are a right in rem, which means that anyone can use them.

Frequently Asked Questions

Q1. What is the meaning of license deed?

Ans. License Deed means an agreement containing the terms and conditions on which the shop has been licensed out duly executed between the licensor or licensee.

Q2. Can easement be transferred?

Ans. An easement is a right that is a byproduct of ownership; it is indissociably a part of the land. Its transfer is conditional. According to this, an ownership interest in real estate that is exclusive to the owner personally cannot be transferred.

Q3. What is Article 30 lease of immovable property?

Ans. If the tenant fails to pay the rent on time for two consecutive months or violates any of the provisions of rent agreement, the owner has the right to terminate the lease and seize ownership of the property without giving notice.

Q4. What is an easement?

Ans. The gift of a nonpossessory property interest that allows the easement holder to utilize another person's land is known as an easement.