A California homeowner allows a neighbor to use their driveway for parking verbally, without any written agreement. Two years later, the homeowner decides to revoke the arrangement. Under California law, can the homeowner terminate this arrangement?
Correct Answer
B) Yes, because this arrangement is a license that can be revoked at the licensor's will
Under California law, a verbal, non-exclusive permission to use another's land creates a license, not an easement. A license is personal, revocable, and does not create a property interest. The homeowner can revoke the license at any time without cause or notice. Unlike an easement, a license does not require a writing under the Statute of Frauds.
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Related Topics & Key Terms
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Related Concepts
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
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In California, which of the following is an example of a voluntary lien?
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A California homeowner records a declaration of homestead on January 10. On February 15, a creditor records an abstract of judgment against the homeowner. The homeowner's equity in the property is $250,000, and the California homestead exemption is $300,000. Can the creditor force a sale of the property?