license

license
licensable, adj.licenseless, adj.licenser; esp. Law, licensor, n.
/luy"seuhns/, n., v., licensed, licensing.
n.
1. formal permission from a governmental or other constituted authority to do something, as to carry on some business or profession.
2. a certificate, tag, plate, etc., giving proof of such permission; official permit: a driver's license.
3. permission to do or not to do something.
4. intentional deviation from rule, convention, or fact, as for the sake of literary or artistic effect: poetic license.
5. exceptional freedom allowed in a special situation.
6. excessive or undue freedom or liberty.
7. licentiousness.
8. the legal right to use a patent owned by another.
v.t.
9. to grant authoritative permission or license to.
[1325-75; ME licence < MF < ML licentia authorization, L: freedom, equiv. to licent- (s. of licens, prp. of licere to be allowed) + -ia -IA; see -ENCE]

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      in property law, permission to enter or use the property of another. There are three categories of license: bare licenses, contractual licenses, and licenses coupled with an interest. A bare license occurs when a person enters or uses the property of another with the express or implied permission of the owner or under circumstances that would provide a good defense against an action for trespass. For example, a person entering a gas station to ask for directions is a licensee and not a trespasser. Contractual license provides an express or implied permission to enter or use the property in exchange for some consideration. For example, the purchase of a movie ticket allows the ticket holder a license to enter the theatre at a particular time. Licenses that are acquired by contract normally include the right to use property that is protected by patent, copyright, or trademark. A license coupled with an interest arises when a person acquires the right to take possession of property located on someone else's land, as when a lender acquires the right to repossess an automobile that is located on private property after the borrower has defaulted on a loan.

      Bare licenses generally are not assignable (transferable) and are revocable at will by the property owner. The assignability and revocability of contractual licenses normally depend on the terms of the contract. Licenses coupled with an interest usually are both assignable and irrevocable, at least until the holder of the license has had a reasonable time to retrieve the property that gave rise to the license.

      When a landowner permits another to use the land under circumstances in which it is reasonable to foresee that the licensee will spend money or otherwise change position in the belief that the license will not be revoked, the license may become irrevocable. For example, if a person owns two parcels, one of which has no access to a public road, sells the landlocked parcel to another person, and gives him permission to build a driveway across the lot the seller has retained, the license becomes irrevocable when the buyer invests in the property, reasonably believing that the permission will not be revoked. When the license becomes irrevocable, it may be called an “executed parol license,” though it is more accurately called a servitude created by estoppel, a term that better describes both the process used to create the right and the resulting right itself. An executed parol license creates a right that runs with the land indefinitely, a right properly described as a servitude. Describing it as an (irrevocable) executed parol license generates unnecessary complication in the law by creating an unneeded, redundant category. It also creates possible confusion because it suggests that there may be some body of law, other than servitudes law, that governs secondary questions like the scope and termination of executed parol licenses.

Susan French
 

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Universalium. 2010.

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Look at other dictionaries:

  • license — li·cense 1 / līs əns/ n [Anglo French, literally, permission, from Old French, from Latin licentia, from licent licens, present participle of licēre to be permitted, be for sale] 1 a: a right or permission granted by a competent authority (as of… …   Law dictionary

  • license — li‧cense [ˈlaɪsns] also licence verb [transitive] LAW 1. to give official permission for someone to do something or for an activity to take place: • The building contractors we hired were licensed by the General Service Administration …   Financial and business terms

  • License — Li cense (l[imac] sens), n. [Written also {licence}.] [F. licence, L. licentia, fr. licere to be permitted, prob. orig., to be left free to one; akin to linquere to leave. See {Loan}, and cf. {Illicit}, {Leisure}.] 1. Authority or liberty given… …   The Collaborative International Dictionary of English

  • license — or licence [lī′səns] n. [OFr < L licentia < licens, prp. of licere, to be permitted: see LEISURE] 1. a formal permission to do something; esp. authorization by law to do some specified thing [license to marry, practice medicine, hunt, etc.] …   English World dictionary

  • License — Li cense (l[imac] sens), v. t. [imp. & p. p. {Licensed} (l[imac] senst); p. pr. & vb. n. {Licensing}.] To permit or authorize by license; to give license to; as, to license a man to preach. Milton. Shak. Syn: licence, certify. [1913 Webster] …   The Collaborative International Dictionary of English

  • license — [n1] authority, permission authorization, carte blanche*, certificate, charter, consent, dispensation, entitlement, exemption, freedom, go ahead*, grant, green light*, immunity, independence, latitude, leave, liberty, okay*, permit, privilege,… …   New thesaurus

  • license# — license n liberty, *freedom Analogous words: *exemption, immunity: looseness, laxity, slackness, relaxedness or relaxation (see corresponding adjectives at LOOSE): privilege, prerogative (see RIGHT) Antonyms: decorum Contrasted words: *obligation …   New Dictionary of Synonyms

  • License — (engl., spr. leißens), s. Ticket of leave …   Kleines Konversations-Lexikon

  • License — См. Лицензия Термины атомной энергетики. Концерн Росэнергоатом, 2010 …   Термины атомной энергетики

  • license — see LICENCE (Cf. licence). Related: Licensed; licensing …   Etymology dictionary

  • license — (also licence) ► VERB 1) grant a licence to. 2) authorize. DERIVATIVES licensable adjective licenser (also licensor) noun. ORIGIN from LICENCE(Cf. ↑ …   English terms dictionary

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