licences and proprietary estoppel

Question 1

licence

Answer 1

permission to do something that the licensee would otherwise have no right to do

Question 2

what is a licences effect?

Answer 2

it only makes the acts of the licensee lawful. it does not give an interest in land.

Question 3

traditional effect of a licence?

Answer 3

Thomas v sorrel:
“A dispensation or license properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful.”

however not completely true today, three levels of licence

Question 4

nature of a bare licence?

Answer 4

• a gratuitous permission granted by a landowner

- the simplest form

Question 5

creation of a bare licence?

Answer 5

can be granted expressly/impliedly.

no need for particular wording, it is a question of fact… ‘has one been granted on the particular facts?’

Question 6

starting point? OF BL

Answer 6

stated by lord Parker in Robson v Hallett 1967

“…the occupier of any dwelling-house gives implied licence to any member of the public coming on his lawful business to come through the gate, up the steps, and knock on the door of the house.”

Question 7

implication OF BL

Answer 7

only found if no evidence to the contary

e.g. if a owner of a dwelling house has a locked gate, or a notice on the edge of the property not giving anyone permission to enter the land

without making anything clear otherwise… will be an implied licence.

Question 8

effect of a bare licence?

Answer 8

allows the licensee to go onto the land in question for a particular purpose in which it is granted e.g. not trespass onto the property.

• HOWEVER they MUST stick to the terms of the licence.

Question 9

sticking to the terms of a licence example?

BL

Answer 9

Scrutton LJ, The Carlgarth [1927] P 93

(“when you invite a person into your house to use the staircase, you do not invite him to slide down the bannisters”).

Question 10

when can permission for a bare licence be revoked?

Answer 10

it can be revoked at anytime, w/out giving any prior notice, the licensee then has a reasonable time to leave the premises.

reasonable time depends on the circumstances in question.

Question 11

successors to a BL?

Answer 11

• a BL is purely personal to the licensee, giving permission to an individual only
• cannot give right to the property to anyone else.
• only binds the licensor and does not bind the successors in title…
• if they die, immediate end to the licence.

Question 12

a licence coupled w/an interest?

2nd type of licence

Answer 12

a licence to enter land which is ancillary to and necessary for the enjoyment of the grant of an interest.

Question 13

Earl of Tankerville 1909

Answer 13

contract for the sale of growing timber gives equitable proprietary interest in the land to take the timber.

• they need to be able to get onto the land to exercise their right thus granting this is a necessity

Question 14

can it be coupled w/anything else other than access to land?

Answer 14

doubt whether it will include anything else… likely that a court today will find a contractual licence.

Question 15

creation, effect and successors of a licence coupled w/an interest?

Answer 15

it is dependent on the interest…

Question 16

contractual licence

Answer 16

talking about a licence that arises as a result of a contract between parties

Question 17

Nature of a CL?

Answer 17

from a contract between parties

• main distinction is the provision of consideration

short term: concert ticket
medium term: annual membership for a golf course
long term: authorising residential occupation

Question 18

creation of a CL?

Answer 18

• same as normal contract

- looking for agreement between the parties of offer an acceptance, consideration provided by the licensee.

Question 19

issue arising w/CL?

Answer 19

• intention to create legal relations is an issue in relation to residential occupation w/people of close relations… e.g. relatives or loved ones.
• whether it was a act of kindness/affection or intention to create legal relays… court more likely to find the former.

Question 20

where was a CL implied?

Answer 20

Tanner:
- W who had relay w/the landowner, the pair had twins, he urged her to move into his flat and give up her flat.

held: she did have a contractual licence to live in the flat whilst the children were in school and the property was reasonably required.

in fact: she had already found accommodation and thus awarded damages.

Question 21

tanner commentary:

Answer 21

• unusual, unlikely the courts would imply a CL
• bcos significant developments in doctrine of PE

this was the case of Blackburn: similar facts to tanner but likely PE instead

Question 22

effect of a CL?

Answer 22

• prevents the licensee being liable for trespass

Question 23

issue w/duration and revocability?

Answer 23

depends if the contractual licence is revocable at will.
- early revocation will be breach of contract, of which damages would be recoverable

BUT damages may not be adequate in relation to land/accommodation.

Question 24

CL view was that it could be revoked at anytime and then damages could be recoverable ..

Answer 24

this was the principle within Leadbitter BUT some cases, damages may not be adequate in relation to land/accomodation

this is when equity will step in