Rights Of Residence Flashcards
What is a right of residence?
A right to occupy a house or part of a house owned by someone else, often found in wills or settlements.
What’s the difference between general and exclusive rights of residence?
General: No exclusive possession, non-specific area.
Exclusive: Specific area reserved; may imply a proprietary interest.
How are rights of residence viewed in unregistered land (general rights)?
Typically treated as licences or charges – not estates in land.
How are exclusive rights of residence treated in unregistered land?
Can be considered equitable life estates if they grant exclusive possession.
What case confirmed that a right to 2 rooms amounted to an equitable life estate?
National Bank v Keegan (1931)
How are rights of residence treated in registered land under s.81 ROT Act 1964?
As personal rights, even if exclusive – do not create equitable estates.
Can a registered right of residence bind a purchaser for value?
Only if it is properly registered as a burden.
What section of LCLRA 2009 places rights of residence under trusts of land?
Section 11(2)(c)(iii)
How is a right of residence valued?
On a periodic basis, factoring in the holder’s conduct, needs, and the property’s value (Johnston v Horace).
Can rights of residence be extinguished by agreement?
Yes, as confirmed in Bracken v Byrne (2005).
What is a licence in land law?
A permission to occupy or use land without creating a proprietary interest.
What are the four types of licences?
Bare licence
Licence coupled with interest
Contractual licence
Estoppel licence
Is a bare licence revocable?
Yes, at will with reasonable notice (Robson v Hallett).
When is a contractual licence irrevocable?
If revocation breaches contract, court may grant an injunction (London Borough of Hounslow v Twickenham).
Can a bare licence be transferred?
No – it’s purely personal.
Can a contractual licence bind successors?
Generally no, unless a constructive trust or notice applies (Errington v Errington, Binion v Evans).
Can an estoppel licence bind third parties?
Yes, if equity requires it.
What are the four elements of proprietary estoppel?
Assurance
Reliance
Detriment
Unconscionability
What case illustrates a successful estoppel claim without contract?
Cullen v Cullen (1962)
Can minor acts of reliance establish estoppel?
No – see Bracken v Byrne.
What are three types of proprietary estoppel cases?
Imperfect gift (Dillwyn v Llewellyn)
Common expectation (Inwards v Baker)
Unilateral mistake (Ramsden v Dyson)
What remedies can a court award for proprietary estoppel?
Personal licence
Property interest (constructive trust)
Right of way
Monetary compensation
Temporary possession
What modern case unified equitable estoppel in Australia?
Walton Stores v Maher
