79. Two homeowners have a driveway that is entirely on their property. A new neighbor wishes to use their driveway. The homeowners agree, but want to have control of driveway use in case the neighbor sells their home, and the two homeowners do not like the new neighbor. The homeowners should provide the neighbor with a(n)
Answer: A
The homeowners should provide the neighbor with a license.
A license grants permission to use property without transferring any interest in the property itself, which allows the homeowners to maintain control over the driveway use.
A) license.
A license is a temporary and revocable permission to use someone else's property, making it suitable for the homeowners' needs. Since they want to retain control over the use of the driveway, especially in the event of a property sale or changes in neighborly relations, a license provides the necessary flexibility.
B) covenant.
A covenant is a binding agreement or promise regarding the use of property, often running with the land. This option is incorrect as it would impose obligations that the homeowners may not want to enforce on future owners, contradicting their desire for control over the driveway usage.
C) easement.
An easement provides a permanent right to use another's property for a specific purpose, which would grant the neighbor more rights than the homeowners wish to allow. Since the homeowners want to maintain control and possibly revoke access later, an easement is not appropriate in this scenario.
D) encroachment.
Encroachment refers to the unlawful extension of one property onto another, which does not fit the context of this situation. The homeowners are not seeking to impose on the neighbor's property; rather, they are considering how to allow limited use of their own driveway.
Conclusion
The license is the ideal solution as it allows the homeowners to permit driveway use while retaining the authority to revoke that permission if necessary. In contrast, the other options either provide too much permanence or impose unwelcome obligations, which does not align with the homeowners' intentions.