Lecture notes
Leases and Licence part 2 (for a 1st)
Summary of the relevant law to help you to achieve a First Class
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LICENCE W2A licence does not alter or transfer any property rights, but it does only makes an
Thomas v Sorrell (1673) unlaful action to became lawful with its existence.
The right to sue is reserved to a person that enjoy property's right (possesion)
Manchester Airport v EXCEPETION
Dutton [2000] The licensee was able to take actions against a trespasser
i) Bare licences
i.1) Express licences
i.2) Implied Licences
CATEGORIES
ii) Licence Coupled with grant or interest
iii) Contractual Licences
iv) Licence Coulpled with an Equity/Estoppel
i) BARE LICENCE is the permissive use of another's land granted personally and voluntarily by the owner
i.1) Express can be given by invitation, can be terminated immediately
Postman, Canvassing, Policeman. Depends on the circunstances surrounding the
i.2) Implied
conduct.
Revocation by words or conduct or implied (with the licensor death). Must be clearly expressed.
Reasonable Notice reasonable time to leave after withdrawal of invitation.
Police officer, without a warrant, admitted in the land by C's young son. Held: the
licence was withdrawn as soon as the police officer was told to leave. The police officer
Robson v Hallett [1967]
then had a reasonable time to leave by the most appropriate route. Not a trespasser
whilst leaving in this way.
Policemand swarn at case. The licensee does not become a trespasser until the licence
Gilham v Breidenbach
[1982] has been expressly withdrawn in clear terms and the licensee then has sufficient time
to withdraw.
ii) Licence coupled with a grant or an interest
Licences capable of becoming proprietary rights
Are rights that are clear licence to enter and licence to exploit. Similar to easements,
Profits a Prendre
once granted can be enforceable against successive owners
Granted must comply with section 52 LPA or acquired by long use (prescription)
Bought a ticket to see a film. Evicted under the false believe that he had no ticket. Held
Hurst v Picture Theatres Ltd that Mr Hurst had a licence coupled with an interest. The right here was the right to
[1915] see the film and so until he had seen the film he had the right to be on the land and
that could not be revoked.
Hounslow LBC v Coucil dissatisfied woth contractors work, asked them to leave. Contractors interest in
Twickenham Garden the land was refused, but the court held that the contrctors had the contractual right
Developments Ltd [1971] to stay in the land.
Revocation Difficult for that right to be withdrawn.
(iii) Contractual Licences
Derives from an expressed or impled contract
Must comply with: Intention to creat legal relatioship, consideration …
massion of flats. Different agreements, entered in different times, different terms. Held
A-G Securities v Vaughan
to a licence
One-bedroom flat. Separated agrements called licences were held to be a sham. The
Antoniades v Villiers
couple genuinely had exclusive possession
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