Texas Attorney General Opinion: O-1122 Page: 3 of 4
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C@ae, Fish and Oyster Comaitsion, page S
It has been hel4 that the teat to dtes*ne
whether an agreement for the use of real estate. Ad a
*lioensem or 'lease* Is wether the contract lves ex-
elasive possession of the premise as against all the
world including the owner, In w.oh ease it S a 'e1se*
or whether It merely confers a privilege to ooougy
under the owner, in which oase It is a flkense*,
RYKODI ISLAND MAR1L K TL3SORTATICN CO. V. INTS.l-
STATh MAY. CO. (R.I.) 161 A. 108. 109.
m erous authorities could be cited to illIrtJte .
the distinotion between a license and a lesse,but a
careful consideration of the Instruesa t sublittae reva2s
that, despite the denoatnation *a lease ooatraoel, it is
not a oonveyanoteof estate in realty, but a grant of a
p riileg to occupy under the owner.
The key obligation of the oner of the wpeises
relative to the land uader the instrument before s is
'to sive to the represent ativesof the Oea, n ish ant
Oyster Comission the privilege of egress and ingress on
these land for the purpoas of rakin r.tudles and policing
the above described property" In addition the owne'
agrees to do certain tots 'for the rvrposs of restoring
quail thereon and for other wilt life. uses'. This is the
grant of a privilee, not of an estate, clearly aakiag
tbe instrtaeat a license.
A license say be oreatet by parole without being
obnoxious to those provisions of the statute of frauds
or oonveyanoes whloh relate to interest in land.
S7 tEi. JUR. 851
sJtrrON W. tWRIGtHT, 80 3.1. 90.Q
It 3? Corpus Jurts on page 281, it is stet*t
*Inasmuch as a license oonfers no interest or
estate in the property as fosrity.is necessary
for it oaroationg the fact that the property
owner's assent or intention to eareete the license
definitely appease, althoge is an informal sane
na , is all that is rectet. It say be ersate
by a written instrument, or generally It ay be
areatad parole, less spetafly required by
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1122, text, 1939; (texashistory.unt.edu/ark:/67531/metapth258305/m1/3/: accessed November 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.