Question

A property owner allows Betty Luanne to cross his property as a shortcut to her kindergarten school bus. One day the property owner dies. What right was Betty given, and what happens to it in the future?

a. Easement; continues unless terminated.
b. License; remains in effect indefinitely.
c. Encroachment; expires upon the owner's death.
d. Covenant; transfers to Betty as ownership.

Answer 1

The right granted to Betty Luanne was a license, which is usually revocable and does not survive beyond the property owner's death. Betty would have to secure a new permission from the next property owner to continue using the shortcut.

Step-by-step explanation:

The right that was given to Betty Luanne would be classified as a license, which is a personal privilege to do some act on the land of another. Licenses are not easements and do not create an interest in the property. Instead, a license is typically revocable and does not continue after the death of the property owner unless it is coupled with an interest or given for a certain time.

Since the property owner in this scenario has died, the license granted to Betty Luanne would generally expire. She would need to seek permission from the new property owner, if different, to continue crossing the property.