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Law Notes Land Law Notes

Licences And Leases Notes

Updated Licences And Leases Notes

Land Law Notes

Land Law

Approximately 987 pages

Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).

These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...

The following is a more accessible 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:


  • Creation

  • 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

  1. Bare

  • Explicit/tacit gratuituous permission to be on the land

  • Duration

  • 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

  1. Contractual Licence

  • A’s obligation may be

  1. express contr. term

  2. implied contr. term (as to give business efficacy to more explicit aims of contract) (Tanner v Tanner)

  • Contract may give B

  1. the right alone

  2. 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

  1. Licensee must keep within confines of the licence

  2. Licensor can terminate in acc w/contract = no problem

  3. Licensor gave open ended permission can terminate prematurely w/notice only if:

  1. It’s in acceptance of early repudiatory breach by licensee

  2. It’s in breach of terms of contract licensee in principle has 2 options

  1. accept breach & seek damages for loss

  2. 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

  • Hurst v Picture Theatres – licensee can have equitable relief (injunction, spec. performance) against breach preserving landowner’s obligation to allow trespass

  • 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

  1. C, licensor, has acted in such a way as to grant a new, direct right against C to licensee

  1. Tort of procuring breach - doubtful

  2. 1999 Act - allows B in certain circumstances to acquire direct right against C as a result of contractual promise made by C to A

  3. CT –P acquired land from seller who granted license to B & acts in such a way that it would be unconscionable for him to then ignore it

  • Binions v Evans– enough P took ‘subject to B’s right’ (price reduced b/c of it = unconscionability)

  • Denning: P can take “subject to” other party’s right expressly or impliedly CT may be imposed. NB: not shared by other judges.

  • Ashburn v Anstalt – not enough P took subject to B’s rights – key: whether C, when acquiring land, made express/implied promise to give B a new right (i.e. to protect it) – conscience must be affected.

  • CT attaches to P, not land – next owner not affected w/out fresh unconscionability

  1. B has a pre-existing property right which he can assert against C

  1. Contractual licence is in personam + not...

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