17. Licences

Question 1

What is a licence?

Answer 1

Right to enter another’s land

• NOT possess/enjoy
• Like affirmative easement
• Failed easement by grant (NO writing for easement > 1 year)

Question 2

What is the difference between an easement and a licence?

Answer 2

Easement

• Right to use another’s land
• Interest in land
• NOT terminable at Holder’s will
• Alienable

Licence

• Right to enter another’s land
• Privilege (NOT interest in land)
• Terminable at Holder’s will
• NOT alienable

Question 3

When is a licence not revocable?

Answer 3

Estoppel theory

• Licensee invests substantial money/labour in reliance on licence
• Licence becomes equivalent of affirmative easement

Licence coupled with interest

• Chattel vendee (licence to remove chattel + only within reasonable time)
• Future interest holders (inspect for waste within reasonable time)

Question 4

When is a licence revocable?

Answer 4

At Licensor’s will
- NO compensation (SOF not applicable)

Alienation ‘attempt’ (by operation of law)
- By Licensee

Question 5

What are examples of licences?

Answer 5

Tickets to sporting events/public functions