Also known as:licence coupled with an interest · licenses coupled with an interest · licences coupled with an interest · licence coupled with interest
Written by attorneys · grounded in primary & secondary sources — see below
A privilege to enter land that arises incidentally from ownership of a chattel personal located on the land. The privilege cannot be terminated to an extent that would prevent it from protecting the coupled interest.
Sources & Authorities
How it applies
Common Examples
2
Chattel Sale Blocks License Revocation
Levi Lowe sold a set of server racks located on Luke Latham's property to Leah Lamb and granted her permission to enter and operate monitoring software only on those racks. When Latham later attempted to bar Lamb from the premises to reclaim the space, Lamb retained the right to access the racks because the permission was tied directly to her ownership of the chattel. The attempted revocation failed to the extent it would have stripped Lamb of the ability to use the equipment she had acquired.
Security Interest Preserves Access Right
Lorenzo Lugo financed the sale of switching hardware to Lamar Lewis and retained a security interest in the units installed on Lugo's own network hub. Lewis later tried to assign the access privilege to a third-party servicer without transferring any interest in the hardware. The assignment was ineffective because the privilege remained coupled with Lugo's security interest and could travel only with that interest.
Put it into practice
Test Yourself
10
Practice Questions5
· 8 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Course Outlines
Study Supplements
Dictionaries
Kitchen v. Kitchen641 N.W.2d 245 (Mich. 2002)
Common questions
Frequently Asked
4
How does a license coupled with an interest differ from an ordinary revocable license?+
An ordinary license is terminable at the will of the landowner. A license coupled with an interest arises only when the permission is incidental to ownership of a chattel on the land and remains effective to the extent needed to protect that ownership interest.
Supporting sources
Can a license coupled with an interest be assigned separately from the chattel?+
No. The license travels only with the underlying chattel interest. An attempted assignment that leaves the chattel behind is ineffective because the privilege is inseparable from ownership of the personal property.
Supporting sources
What limits the licensor's power to terminate a license coupled with an interest?+
Termination is permitted only to the extent it does not impair the licensee's ability to protect the coupled chattel interest. The licensor cannot revoke in a manner that would render the licensee's ownership of the chattel useless.
Supporting sources
Does a license coupled with an interest require a writing to be created or assigned?+
No formalities are essential. The license arises from the incidental relationship between the permission and the chattel ownership and may be assigned by transfer of that chattel interest without additional writings.
Supporting sources
Real PropertyRights in real property · Easements and licensesNEXTGENFoundational