Ch.9 - Licences Flashcards
1
Q
How can a proprietary right be registered?
A
By a Notice under the LRA 2002.
2
Q
How does a license differ from an easement or covenant?
A
The licensee need own no land.
3
Q
What is the definition of a license?
A
Personal permission to use the land of another that, without that permission, would be trespass, Thomas v Sorrell (1673)
4
Q
How is a license created?
A
Orally, in writing, by deed and possibly by implication.
5
Q
How might a license arise?
A
- a permitted use of land that falls outside the recognised category of proprietary rights.
- permitted use of a recognised category of proprietary right but lacking the formalities.
6
Q
What is the difference in role played by the parties’ intentions when distinguishing between an easement and licence and lease and licence?
A
Intention matters when distinguishing between an easement and licence but not when distinguishing between a lease and licence.
7
Q
A
