![]() Licenses are usually temporary and revocable and cannot be transferred by the licensee to another person. TITLE CONVEYANCE LICENSETherefore, unlike an easement, a license is not subject to the laws regarding real property and licenses can be created by verbal agreement. Instead, a license is personal permission given to the licensee. Unlike an easement, a license is not considered an interest in real property. Therefore, ownership of property means very little when it comes to most types of easements.Ī license grants rights to an individual, known as the “licensee,” to enter upon the property of another. Easements are also commonly granted in order to allow access to neighboring properties and for the installation of utility lines across common areas.Įasements typically attach to the property and bind/benefit all future owners of both the benefitting property and the property over which the easement is granted. In community associations, easements are used to address situations where an improvement, such as a fence or other structure, encroaches upon the adjacent parcel of property. As such, easements are subject to the laws regarding real property and they are commonly created by written agreements that are recorded in the land records. Easements are a legal interest in real property akin to a lease. In general terms, an easement is the right of one person to use, but not possess, the property of another person for a specific purpose. Should the board grant an easement? Should it grant a license or should it sell and convey the property to the homeowner? Although the appropriate use of an easement, license, and transfer will depend upon the specific circumstances, this article outlines the typical characteristics and ramifications of easements, licenses, and transfers. TITLE CONVEYANCE HOW TOBoth parties agree that the fence can remain in its existing location, but the association is now questioning how to document permission for the fence to remain. The homeowner is now requesting an easement from the association to allow the fence to remain. It turns out the homeowner’s fence has been partially constructed on the association’s common elements. For example, the board is approached by a homeowner who has just obtained a survey of his or her lot. Easements, licenses, and transfers-oh my! If your association finds itself in a situation where it needs to use the property of another, or allow the association’s property to be used by another, you may be overwhelmed and confused by the options and terminology. ![]()
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