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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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?