A license represents a simple, personal permission to enter and use another's property without conveying any interest in the land itself.
1. Definition of License (Section 52)
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property.
2. Lease vs. License vs. Easement
| Lease (TPA Sec 105) | License (IEA Sec 52) | Easement (IEA Sec 4) |
|---|---|---|
| Transfers a right to enjoy (exclusive possession) the property. | A mere personal permission to use; no exclusive possession. | A right attached to dominant land for its beneficial enjoyment. |
| Creates a proprietary interest which is heritable and transferable. | Does not create any interest; is neither heritable nor transferable. | Attached to the land itself; passes with the transfer of the dominant heritage. |
| Not revocable at the arbitrary will of the lessor during its term. | Generally revocable at the will of the grantor, with statutory exceptions. | Cannot be arbitrarily revoked once acquired by prescription or grant. |
3. Revocation of License (Section 60)
A license may be revoked by the grantor at any time, except in the following two circumstances where it becomes irrevocable:
- If the license is coupled with a transfer of property and such transfer is in force (e.g., license to enter and cut standing timber purchased).
- If the licensee, acting upon the license, has executed a work of a permanent character and incurred expense in the execution thereof (e.g., building a concrete structure with permission).