This is an extract of our Licences And Leases document, which we sell as part of our Land Law Notes collection written by the top tier of Oxford students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
LICENCES & LEASES
? Bare & contractual licences
* no formalities(not rights in rem) +can't be registered under LRA + don't constitute overriding interests
? Licence coupled w/an interest = right in rem? formality rules apply (a deed in writing) Types
? Explicit/tacit gratuituous permission to be on the land
- licensor states a limit -once expired, licensee is a trespasser
- licensor can revoke b/f expiration but must announceit so that it takes effect after reasonable delay
? unclear if must be enough time to make other arrangements or just to pack up
- operates in personam- can't bind TP
2. Contractual Licence
? A's obligation may be a. express contr. term b. implied contr. term (as to give business efficacy to more explicit aims of contract) (Tanner v Tanner)
? Contract may give B a. the right alone b. the right enabling B to perform obl. which contract imposes on him (B employed to work A's farm)
= NB: contract may be b/w A&B, or A &TP for B's benefit - 1999 Act applies.
? Duration & Licensee's rights against Licensor a. Licensee must keep within confines of the licence b. Licensor can terminate in acc w/contract = no problem c. Licensor gave open ended permission ? can terminate prematurely w/notice only if: (i) It's in acceptance of early repudiatory breach by licensee (ii) It's in breach of terms of contract ? licensee in principle has 2 options a) accept breach & seek damages for loss b) affirm the contract, maintaining the obl. for him & licensor ? can only do this if can continue performance w/out co-op of licensor
? May seek injunction to prevent licensor's early breach or specific performance to enforce it though court prefers injunction o Hurst v Picture Theatres - licensee can have equitable relief (injunction, spec. performance) against breach preserving landowner's obligation to allow trespass o Winter Garden Theatre v Millennium Production - licensee who refused to accept unauthorised repudiation of a licence is entitled to protection of injunction or spec. performance just like a licensee who received no notice of revocation
? Effect on TPs
- Licenseeis in physical control of licensor's land =TP is under duty not to interfere, if he does, licensee can claim possession
- Purchaser, if bound, through equitable interestonly but modern authorities say not bound at all
? Licensee's rights against TP who' has been given inconsistent right by Licensor
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