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115
Millbrook Hunt
LEASED FOX HUNTING LAND-EASEMENTS
1. Express Easement
2. Hunt had Easement, NOT Revokeable License
3. Smith had actual and constructive notice
4. “Lease and Easement Agreement”: not about title, but substance
5. Owner retained “absolute right to develop the land”
1. Express Easement
2. Hunt had Easement, NOT Revokeable License
3. Smith had actual and constructive notice
4. “Lease and Easement Agreement”: not about title, but substance
5. Owner retained “absolute right to develop the land”
What is the difference between a Lease and a License?
1. Lease is exclusive. No exclusive right to use that property (lease)
2. License doesn't give you much protection
3. Lease gives you right to be there
4. Couldn't exclude the landlord from coming in because they had a license
5. License: a personal privilege to use the land of another for some specific purpose; normally revocable (p. 451)
6. Lease: transfers exclusive right of possession to the tenant (p. 439)
7. Easement: a nonpossessory right to use the land of another person (p. 646)
Holding: Hunt had an express easement, not a revocable license
1. Lease: provides the lessee with exclusive right to possession, which would have precluded continued use by the original owner. (the ¼ acre of land for 75 years)
2. Easement: non-possessory rights; non-exclusive rights to the remaining land