California Real Estate Practice Exam

What is a key difference between an easement and a license?

1. An easement includes an "interest," whereas a license just gives permission

2. A license includes an "interest," whereas an easement just gives permission

3. Both an easement and a license include an "interest"

4. Neither an easement nor a license includes an "interest"

The correct answer is: An easement includes an "interest," whereas a license just gives permission

An easement is a legal right to use someone else's land for a specific purpose, and it creates an "interest" in the property. This means that the holder of an easement has a right that is tied to the land and can be enforced against future owners of the property. It implies a degree of permanence and often can be recorded, giving it legal standing. In contrast, a license is merely a permission granted by the property owner to another party to perform a specific action on the property that would otherwise be illegal. A license does not create an interest in the property and is generally revocable at will by the property owner, meaning it does not transfer with the property if it is sold or otherwise conveyed. This distinction emphasizes the nature of the rights involved: easements provide a lasting interest that can carry legal weight and be inherited or passed on, while licenses are temporary permissions that do not bestow any legal claim over the property itself.