Definition§
A licensee is an individual or entity who is granted a license to perform certain activities, use property, or occupy premises without being considered a customer, servant, or trespasser. Unlike a tenant, a licensee does not have a contractual relationship with the property owner but is allowed on the property primarily for their own interest, convenience, or gratification. In a legal context, a licensee is tolerated rather than formally invited by the property owner.
Examples§
Examples in Context§
- Real Estate: A person attending an open house purely out of curiosity, without intending to buy or rent, is considered a licensee.
- Software: A person using trial software without purchasing a full license can be considered a licensee.
- Events: Someone attending a private event as a guest without a formal invitation falls under the category of a licensee.
Frequently Asked Questions§
What rights does a licensee have?§
A licensee has the right to use or access the property as per the terms of the license but does not have the same rights as an invitee or tenant. Their presence is tolerated, and the property owner owes them a duty to refrain from willfully injuring them or exposing them to hidden dangers.
How is a licensee different from an invitee?§
A licensee is on the property for their own interest or convenience, without an express invitation, whereas an invitee is invited by the owner for a mutual benefit, such as a customer in a store.
Can a licensee be revoked?§
Yes, unlike a tenancy, a licensing arrangement can typically be revoked at any time by the property owner.
What is the liability of a property owner toward a licensee?§
A property owner must avoid willful or reckless harm against a licensee and must warn them of non-obvious dangers that the owner is aware of.
Related Terms§
License§
A license is a legal permission granted by an authority to perform a particular activity or occupy a piece of property.
Invitee§
An invitee is someone who is invited onto property for a mutual benefit, such as a customer in a business.
Trespasser§
A trespasser is someone who enters or remains on property without permission.
Tenant§
A tenant is someone who rents property from a landlord under a contractual agreement.
Servant§
A servant is a person employed to perform services in the household of an employer.
Permissible Use§
Permissible use refers to the conditions and context under which a licensee is allowed to use a property or service.
Online References§
Suggested Books for Further Studies§
- “Real Estate License Exam Prep: All-in-One Review and Testing” by Trevor Stone and John A. Yoegel
- “The Law of Property” by Roger John Smith
- “Understanding Licensing Agreements” by Gregory J. Battersby and Charles W. Grimes
Fundamentals of Licensee: Legal Basics Quiz§
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