License under Easement Act

The word "easement" is derived from the old Latin word "aisementum," which originally meant "comfort, convenience, or privilege." From an early easement, the term has developed into "a legal right or privilege to use anything other than one's own." The right to use another person's property is granted to the holder of an easement through the creation of a non-possessive property interest.

It alludes to the privilege that a man might occasionally enjoy, a right that is granted to the person doing something on the grantor's real property without adding value to the actual property itself.

What is License?

According to Section 52 of the 1882 Indian Easement Act

"Where one person grants to another, or to a specific number of other persons, a right to do, or to continue to do, something in or upon the immovable property of the grantor that, in the absence of such a right, would be unlawful, and such a right does not amount to an easement or an interest in the property, the right is known as a license."

Essentials of License

• A license does not confer ownership of real estate; rather, it simply creates personal rights and obligations. As a result, it cannot be assigned.

• A license is typically revocable at the whim of the grantor because it may be given expressly or impliedly, not through unfavorable use or in any other way.

• A license simply makes an action that would have been illegal otherwise permissible; it does not grant any ownership rights to the actual property in, on, or over which the action is permitted.

• A licensee is not permitted to file a lawsuit on his own behalf against third parties.

As a result of judicial developments in England, India's legislative and judicial definitions of license were influenced. English law states that "a license is a purely personal privilege or right enabling the licensee to do something on the land of the licensor which would otherwise be unlawful." Between a lease and a license, there is a distinct and convincing difference.

Notable Case Laws

Associated Hotels of India v. R.N. Kapoor

As stated in the case, an agreement that only permits the right to use the land in a particular way or under particular circumstances while it is still in the owner's custody and control is considered a license under Section 52. As a result, although the licensee is permitted to use the property, the owner of the property retains legal possession.

But without approval, his line of work would be illegal. This in no way creates a right to the property or an interest in it in his favor. As a result, it is easy to distinguish between the two ideas. Even while it occasionally becomes very thin or even blurry, the line of separation is still distinct. A person's status as a lessee would have been decisively established if they were given exclusive possession of a property in the past, since the application of the exclusive possession clause was once thought to be infallible.

Errington vs Errington

The court determined that it could not infer that the son and daughter-in-law were required to make the installments because there was no express responsibility to do so. He describes the father's vow as a unilateral contract; it is the performative act that pays the mortgage, therefore it can only be revoked in the event that the couple stops making payments. Once success has started, the offeror is unable to withdraw it. The father's implied goal was to retain ownership of the home in the event that the mortgage was paid in full.

The two were living together under a lease that was not quite a tenancy but nonetheless provided them with a legal, or at the very least equal, right to occupy the property up until the mortgage was paid.

Revocation of License

• The license is revoked if the grantor loses all interest in the property due to an event that occurred prior to the grant. The grantor's interest expires.

• By the licensee's release of the license, both explicitly and subtly.

• In some circumstances, a license may be granted subject to additional requirements or restrictions. This contains licenses that have been granted subject to the possibility of cancellation if a specific act is performed or not. The license may be cancelled in the event that these acts are committed. Additionally, licenses may be canceled after they have been granted for the performance of specific activities.

• When a piece of property for which a license was issued is destroyed.

• When a licensee becomes the owner of the property for which the license was granted, the license is terminated because the license was granted for a purpose that no longer exists.

• The license is cancelled when the licensee does not utilize it for 20 years.

Conclusion

The fact that there is no license regulation for the term license as specified does not imply otherwise. A license statute exists, but it must be specified in terms of particular types of circumstances. The rights of the licensee may be revoked at any time if the licensor does not indicate otherwise. The results of a licensor's aim to make a right more permanent depend on the specifics of the situation.

If the permission does not violate any laws, it will create a real easement. It might provide an easement, barring any violations of the law requiring a sealed instrument, but the applicant will only be able to request relief through a fair process.

Frequently Asked Questions

Q1. What is the difference between permission and license?

Ans. The words "permit" and "license" are frequently used in everyday speech. Workers receive permits or permission to work in a sector or abroad, whilst many firms need licenses from licensing authorities to begin operations.

Q2. What are the rights of licensee?

Ans. The licensee is only permitted to use the property in the manner for which it was granted; if the license expires, the licensee loses the right to use the premises, and ownership of the premises remains with the licensor.

Q3. Who may grant licence under easement act?

Ans. As per the Section 53 of The Indian Easements Act, 1882, a license may be granted by anyone in the given circumstances and to the extent in and to which he may transfer his interests in the property in order to effectuate by the license.