Written by attorneys · grounded in primary & secondary sources — see below
A person who is privileged to enter or remain on land only by virtue of the possessor's consent. The possessor owes the licensee a duty to warn of known dangerous conditions that the licensee is unlikely to discover. A license is generally terminable at the will of the licensee, subject to limited protections when the licensee has made expenditures in reliance on the license.
Sources & Authorities
How it applies
Common Examples
6
Licensee Ends Use Voluntarily
Lorenzo Lugo obtained consent from his neighbor to cross a backyard path each morning. After two weeks Lorenzo decided the route was inconvenient and stopped using it. The neighbor had no claim against Lorenzo for abandoning the path because the license remained subject to Lorenzo's own decision to terminate.
Social Guest Enters by Consent
Lucy Liu visited her friend Leah Lamb for an evening dinner. Leah had expressly invited Lucy and opened the front door. Lucy therefore entered the home only because Leah consented, placing Lucy in the position of a licensee while she remained on the premises.
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Statutes
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Dictionaries
Lars Lindstrom had consent to store construction tools on a parcel owned by Linden Bank. When the bank revoked the license, it allowed Lars two full days to retrieve the tools and clear the site. The bank thereby satisfied the requirement that the licensee receive a reasonable opportunity to remove his effects.
Child Licensee and Known Hazard
Leonard Lowe, age six, entered a neighbor's yard with the neighbor's permission to play. The neighbor knew of an uncovered drainage pit but gave no warning. Because Leonard was a licensee, the neighbor faced the same potential liability that would have applied had Leonard been a trespasser.
Licensee Relies on Duration Representation
Lila Lin installed irrigation lines on Liberty Trust land after the trust's manager stated the license would last at least five years. When the trust later sought early termination, Lila retained the right to continue using the lines long enough to recover her capital outlay because she had reasonably relied on the stated duration.
Social Guest Status Under Modern Rule
Leah Lamb invited her cousin to stay overnight. The cousin slipped on a loose stair tread that Leah had known about but had not repaired. Under the approach that discards rigid status categories, the cousin's status as a social guest no longer automatically limits the duty owed by the host.
What duty does a landowner owe a licensee regarding known dangers?+
A landowner must warn a licensee of dangerous conditions that are known to the owner and unlikely to be discovered by the licensee. The owner has no duty to inspect for unknown hazards.
Supporting sources
Can a license to use land be revoked at any time?+
A license is generally terminable at the will of the licensee. The licensee must receive a reasonable opportunity to remove personal effects when termination occurs.
Supporting sources
How does a license coupled with expenditures affect termination rights?+
When a licensee has made capital or labor expenditures in reasonable reliance on representations about the license's duration, the licensee may continue the use long enough to realize the value of those expenditures.
Supporting sources
Does the Rowland v. Christian decision change duties to licensees?+
Rowland v. Christian rejected the rigid invitee-licensee-trespasser categories and imposed a general duty of reasonable care toward all entrants. Many jurisdictions continue to apply the traditional distinctions.
Supporting sources
304 U.S. 64, 78–80 (1938)Conflict of Laws
…accident occurred through negligence in the operation, or maintenance, of the train; that he was rightfully on the premises as licensee because on a commonly used beaten footpath which ran for a short distance alongside the tracks; and that he was struck by something which looked like a door projecting from one of the…