Home / Summaries / WS1 Introduction to Estates and Third Party Interests in Land / licence-land-interest

Enforceability in the Registered System - Licences

Q: What is the nature and revocation process of a bare licence?

Nature: it is a licence granted for no consideration (no money), e.g, you are given permission to take a shortcut across someone's land BUT that does not authorise you to do anything else on the land. Revocation: a bare licence does not give proprietary interest in the land and can be revoked, e.g, if a friends invite you over and then decides you cannot come, you cannot go to your friend's house.

Q: What is the nature and revocation process of a contractual licence?

Nature: it is a licence supported by consideration (money). Revocation: have a licence to enter a cinema and remain whilst the film is shown. The purchase of the ticket gives you a contractual right . Therefore, being thrown out of the cinema before the film ends without justification gives rise to certain rights. It may give rise to damages for breach of contract under common law and an injunction under equity.

5 important questions on Enforceability in the Registered System - Licences

What position would you consider if the right created by the landowner does not fall into the categories of proprietary interest, i.e., legal, equitable and statutory?

Licences constitute the default position if the right created by the landowner does not fall into one of the categories of proprietary interest.

What is the licence capable of authorising in relation to land and what examples are there?

Given someone permission to enter your land but have no intention of conferring on them a permanent right to do so. For example, allowing a child temporarily into your garden to retrieve a ball.

What does the case of Thomas v Sorrell state about the effect of a licence concerning land?

'properly passeth no interest, nor alter or transfers property in anything, but only makes an action lawful'

What is the nature and revocation process of a bare licence?

Nature: it is a licence granted for no consideration (no money), e.g, you are given permission to take a shortcut across someone's land BUT that does not authorise you to do anything else on the land.

Revocation: a bare licence does not give proprietary interest in the land and can be revoked, e.g, if a friends invite you over and then decides you cannot come, you cannot go to your friend's house.

What is the nature and revocation process of a contractual licence?

Nature: it is a licence supported by consideration (money).

Revocation: have a licence to enter a cinema and remain whilst the film is shown. The purchase of the ticket gives you a contractual right. Therefore, being thrown out of the cinema before the film ends without justification gives rise to certain rights. It may give rise to damages for breach of contract under common law and an injunction under equity.