Also known as: license coupled with an interest · licence coupled with an interest · irrevocable license
Written by attorneys · grounded in primary & secondary sources — see below
A license that arises incidentally to the ownership of a chattel personal located on the land subject to the license. The license permits entry to protect or remove the chattel and cannot be terminated in a manner that would destroy the coupled interest.
Lamar Lewis purchased standing timber from Lone Peak Energy on its wooded parcel. After the sale closed, Lone Peak Energy attempted to revoke Lewis's permission to enter and remove the logs. Lewis entered anyway and hauled the timber away. The license could not be terminated because it was coupled with Lewis's ownership interest in the chattel.
Levi Lowe bought a large generator stored on Landmark Realty's lot and received permission to enter and retrieve it. Landmark Realty later tried to bar access before Lowe could move the generator. The license remained effective to the extent necessary to allow Lowe to protect and remove his chattel.
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An ordinary license is revocable at will. A license coupled with an interest arises from ownership of a chattel on the land and remains effective to protect that ownership interest.
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It can be terminated only to the extent that termination does not prevent the license from protecting the coupled interest in the chattel.
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To the extent the license is not terminable at will, the licensee receives protection against interference by third persons with the privileged use.
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An irrevocable license to enter and use land is treated as an easement. A license coupled with an interest becomes irrevocable to the degree required to safeguard the chattel interest.
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