A property owner allows a neighbor to cross his property as a shortcut to her school bus. If the owner dies, what best describes the nature of that right and its fate?

A property owner allows a neighbor to cross his property as a shortcut to her school bus. If the owner dies, what best describes the nature of that right and its fate?

• A. License, which terminates at the owner's death
• B. Easement, which continues after the owner's death
• C. Lease, which terminates upon death
• D. Gift of property, which transfers ownership on death

Answer: (A)

A license is the right here: a personal, revocable permission to use someone else’s land—in this case, to cross the property as a shortcut. Licenses do not create a property interest and generally end when the owner dies (or when the license is revoked). That’s why the crossing right wouldn’t survive the owner’s death. If it were an easement, it would be a real right that typically runs with the land and could bind successors, continuing after death, which isn’t the situation described. A lease would grant possession under terms of a contract and isn’t appropriate for a simple crossing right. A gift of property would transfer ownership, which also isn’t happening here.

A license is the right here: a personal, revocable permission to use someone else’s land—in this case, to cross the property as a shortcut. Licenses do not create a property interest and generally end when the owner dies (or when the license is revoked). That’s why the crossing right wouldn’t survive the owner’s death. If it were an easement, it would be a real right that typically runs with the land and could bind successors, continuing after death, which isn’t the situation described. A lease would grant possession under terms of a contract and isn’t appropriate for a simple crossing right. A gift of property would transfer ownership, which also isn’t happening here.