LICENCES

Question 1

LICENCE

Answer 1

• personal right which is non-binding on future owners and can be ended with reasonable notice
• gray and gray: a device which performs many functions
• versatile and flexible interest in the land
• Thomas v sorrell (makes something lawful which would be unlawful)
• is a liberty to make use of another’s land that liberty is not a part of a proprietary right

Eg going to the cinema, postman delivery a letter

Question 2

BARE LICENCE

Answer 2

• permission to enter the land and carry out some activity
• voluntarily given by owner who receives nothing for it
• giving a licence is gratuitous (no consideration)
• no contract just permission
• no particular form needed
• can be verbal or implied
• only lasts as long as licensor wishes
• can be terminated through reasonable notice (robson v hallet) for reasonable test look at facts of case
• licensee has no claim in damages
• bare licence is not an interest in land
• incapable of binding

Question 3

CONTRACTUAL LICENCE

Answer 3

• only differ to bare licences due to consideration
• there will be a contract
• governed by contract law
• no particular formality (verbal implied written)
• not contracts for the disposition of an interest in land
• do not have to meet requirements of s.2 LPA
• not required to be in writing or signed
• Tanner v Tanner implied contractual license which mr Tanner breached
• horrocks v foray no contract was found to exist on similar facts no consideration given