Distinction Between Easement and License
Basis of Difference | Easement | License |
---|---|---|
Definition | A right that allows one person to use another’s land for a specific purpose (e.g., right of way, water flow). | A personal permission granted to use another’s property without any interest in the land (e.g., permission to stay in a house temporarily). |
Governing Law | Easements are governed by the Indian Easements Act, 1882. | Licenses are governed by Section 52 of the Indian Easements Act, 1882. |
Creation | Created by express grant, implied necessity, or by prescription (continuous use for 20 years). | Created by oral or written agreement between the owner and licensee. |
Transferability | An easement runs with the land and can be transferred along with the property. | A license is personal to the grantee and cannot be transferred to another person. |
Revocability | Generally irrevocable, unless conditions of use are violated. | Revocable at any time at the will of the grantor unless it is coupled with an interest. |
Effect on Ownership | Creates a legal burden on the servient property (dominant owner has a right over another’s land). | Does not create any legal burden or interest in the land. |
Duration | Permanent or long-term, unless legally extinguished. | Temporary, usually for a specific period. |
Example | A person having the right of way over a neighbor’s land to access their property. | A shopkeeper allowing a vendor to place a cart in front of the shop. |
Conclusion
An easement is a legal right attached to property, whereas a license is a personal permission that can be revoked at any time.
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