Legal Definitions - implied license by equitable estoppel

An implied license by equitable estoppel is a type of permission, usually revocable, that arises from a property owner's conduct regarding another person's use of the property even though the owner has not expressly consented to the property's use. This type of license is based on the principle of equitable estoppel, which means that a person is prevented from denying or asserting something contrary to what they previously represented or allowed.

For example, if a property owner allows their neighbor to use a portion of their land for a garden for many years without objection, the neighbor may have an implied license by equitable estoppel to continue using the land for that purpose. If the property owner suddenly revokes the license and tries to stop the neighbor from using the land, the neighbor may be able to argue that they relied on the property owner's conduct and representation that they could use the land, and therefore, the property owner is estopped from denying the license.

Another example is in patent law. If a patent owner encourages the manufacture of infringing products, they may be estopped from later asserting their patent rights against the manufacturer, and the manufacturer may have an implied license by equitable estoppel to use the patent.