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Licences Notes

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This is an extract of our Licences document, which we sell as part of our GDL Land Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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LICENCES



These are not proprietary rights. Mere personal permission to use the land in question.
o King v David Allen [1916] - licence to advertising company was not enforceable against the new tenants of a cinema.
Do not bind a third party, they cannot be put on the register,
cannot generate an overriding interest.
No formalities to do with their creation.
o Can arise orally, written agreement, deed, conduct.
Three Categories of Licence:
o Bare license: permission without payment, sometimes known as a gratuitous license
 Terminable by the land owner on giving reasonable notice (Robson v Hallett), terminable without liability.
o License coupled with a grant: M(D calls this academic overanalysis)
 The land owner might give somebody a property right,
which may require ancillary permission (e.g. access to land). License has no independent existence
 Jones v Earl of Tankeville [1909]
o Contractual license: this is where the land owner gives permission in return for contractual consideration (e.g. being in lectures, riding the tube)
 The terms of this license are often established by a document. Remedies are contractual.
Some argue there is also a fourth category: estoppel license

This is an oxymoron. Historically, many cases of estoppel grew out of a license - people labelled this as estoppel licenses.
o Rather it is a proprietary right growing out of a personal right.
Personal Constructive Trusts:
o Landowner (A) sells land to P. L has a license on the land.
Here as a matter of property law this license cannot bind P.
 However, if P promises A he will respect the licence and thereby gains an advantage (e.g. lower price) then equity will impose a personal constructive trust.
 This is a personal equitable obligation and Z (later purchaser) will not have to respect license.
o Principle recognized in Binions v Evans [1972]. But Denning implied a much broader application.
 Ashburn Anstolt v Arnold [1988] - rejected Denning's approach, restricting the imposition to cases where the conscience of the estate owner is affected.
 Fox LJ: "certainty is of prime importance."
 Lloyd v Dugdale (2002), the court re-iterated that such a constructive trust could not be imposed unless there was compelling evidence that the transferee had

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