Licences

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Basic introduction

There is NO right for you to enter on to land in the possession of someone else without their permission.

To avoid action for trespass (or nuisance) you need a license. For example, you need a licence to watch a film at the cinema (Hurst v Picture Theatre [1915]).

Other examples: you need a license to put up advertising hoarding (Kewall Invsts v A Maiden [1990]) and you need a license to use buildings as a social club (Onyx v Beard [1996]).

A license is personal NOT proprietary i.e. it is a right over land and NOT an interest in land. In other words, it is only enforceable personally between yourself and the person you agreed the licence with. See the topic notes on personal and proprietary rights here.

  • A licence is essentially permission from an owner of land (licensor) to the licensee to use the land for an agreed purpose.
  • Thomas v Sorrell (1673): "A licence properly passeth no interest nor alters or transfers property in any thing".

Types of licence

Bare licence: This is a licence given without any consideration (e.g. money) from the licencee. For example, when you are invited into someone's house for a party you are granted a bare licence. These licences can be withdrawn by the licensor at any time (Robson v Hallet (1967)).

Licence coupled with a grant: So you can have a licence that is linked to an interest in the land. For example, a licence to go onto someone's land to collect wood. However, it is mileading to talk of licences in that sense as the right to go onto the land in this way is really known as a 'profit'.

Contractual licence: This is a licence given for valuable consideration. For example, a cinema ticket is a temporary licence to use land to watch a movie.

Revoking a licence

At common law contractual licences and bare licences can be revoked at any time, although equitable remedies may be used to restrain a breach.

There is no problem revoking a bare licence (as nobody paid money to recieve the licence), however it seem unfair to be able to revoke a licence someone has paid for (i.e. a contractual licence). See the case of Winter Garden Theatre v Millennium Productions [1948], for example.

There are equiale remedies available to the licencee that prevent revocation. For example, if the licensor revokes the licence he/she granted to the licencee in breach of contract he can be restrained by an injuction e.g. as happened in Verrall v Great Yarmouth BC (1980).

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