Property ownership glossary
A license is permission to use land, not a property interest in the land
A ticket, invitation, or neighbor's consent can authorize entry. It does not ordinarily give the holder possession or a right that runs with title.
Last updated: August 1, 2026
License: definition first
Direct answer: A license in property law is personal permission to enter land or perform a particular act on it without receiving an estate or easement. Under the general exam rule, it is revocable, nonassignable, and ends under its terms or when permission is withdrawn. It usually can be oral because it does not convey an interest in land. Exceptional facts, such as a license coupled with an interest or reliance supporting estoppel, require separate legal analysis.
Why it is on the exam: PSI expressly lists easements, rights of way, and licenses in the Property Ownership outline. License questions test whether the use is consensual, whether a property interest exists, and whether the holder can claim continued access or prescription.
Legal character
Personal permission
Property interest
Generally none
Default duration
Revocable
Possession
Not transferred
Choose among permission, limited use, and possession
| Decision point | License | Easement or lease |
|---|---|---|
| Right received | Permission for an act or entry | Easement: property use right. Lease: possession for a term |
| Interest in land | Generally no | Yes |
| Revocation | Generally at the licensor's will, subject to exceptions and terms | Governed by the grant, lease, law, and termination facts |
| Example | Permission to park during an event | Recorded driveway easement or apartment lease |
Start with consent and limited purpose
A landowner can let a neighbor cross the yard for one afternoon, invite a contractor onto the premises, or sell a ticket permitting entry to an event. The permission makes the entry lawful within its scope. It does not ordinarily create title, exclusive possession, or a permanent access interest.
Scope still matters. Permission to enter for an inspection does not authorize occupancy or unrelated construction. A licensee who exceeds the consent can lose the protection the license supplied for that conduct.
- Identify the person giving permission.
- State the act, place, and time allowed.
- Look for withdrawal, expiration, or conduct beyond scope.
- Do not invent a dominant tenement for a personal privilege.
Permission defeats the usual prescriptive theory
A prescriptive easement generally requires use that is adverse or hostile rather than permissive. If the owner gave continuing consent, the user's conduct ordinarily remains a license and does not satisfy that adverse element merely because many years pass.
A later dispute may turn on whether permission was actually requested, given, limited, or withdrawn. Long use alone is not enough to label the right prescriptive when the facts establish neighborly consent.
Know why the baseline rule has exceptions
A license coupled with an interest can permit entry needed to exercise an independent property right, such as removing personal property the holder owns from the land. Reliance and estoppel can also affect revocability when a holder substantially changes position based on the permission and the jurisdiction's requirements are met.
These exceptions prevent the shortcut 'every license can always be revoked immediately' from being universally true. On a basic exam question with no reliance, separate interest, or special agreement, apply the ordinary revocable-permission rule.
Neighborly permission is not a driveway easement
Question: An owner tells a neighbor, 'You may use my driveway this winter while yours is repaired.' No easement is granted. When spring arrives, the owner withdraws permission. What did the neighbor hold?
Best answer: A license, which ordinarily ends when the stated period ends or permission is withdrawn.
Why: The consent was personal, temporary, and purpose-specific. It did not identify a permanent land benefit or convey a nonpossessory property interest. The permissive use also does not begin as adverse use for prescription.
Lock in the distinction
Exam trap
Do not call every right to enter an easement. Consent can create a license. Also do not call a license a lease, because the licensee receives permission rather than a possessory estate.
Memory cue
License lets you, easement entitles you, lease possesses. Then check for an unusual reliance or coupled-interest fact.
Quick questions
Is a license an interest in real property?
Generally no. It is personal permission to enter or act on land without an estate or easement.
Can a property license be oral?
Generally yes under the baseline rule because it does not convey an interest in land. The surrounding agreement and exceptional facts can still matter.
Can a license be revoked?
Generally yes, subject to its terms and exceptions such as a license coupled with an interest or qualifying reliance and estoppel.
Can permissive use create a prescriptive easement?
Ordinarily no. Prescription requires adverse rather than permissive use. A change in the character of the use would need its own facts and required period.
Primary sources and review status
Checked through August 1, 2026. This definition is an exam-prep explanation, not a substitute for current law or advice about a live dispute. The current official source controls if the outline or Illinois rule changes.