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Contractual Licences Notes

Law Notes > Property A Notes

This is an extract of our Contractual Licences document, which we sell as part of our Property A Notes collection written by the top tier of Monash University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Property A Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Contractual licences Bare licence
? Permission to enter onto the land of another (conditions may be attached)
? Created expressly or by implication
? No consideration / no contract
? Revocable at any time for any reason and licensee must leave land within a reasonable time

Contractual licence
? A contractual right to enter the land of another and to use or occupy it for a particular purpose
? Must be a contract with consideration (or by deed)
? Can be created by express or implied agreement
? Revocation of licence may be breach of contract
? No exclusive possession - right to occupy only
? Need not be of certain duration
? If the licensee breaches the terms of the K, the K can be terminated on normal contractual principles.
? Where not in breach the question of revocability is more difficult.

Licence coupled with a grant
? A licence to enter land to exercise a property right over the land or over chattels on the land eg a profit a prendre, easement or a security interest in chattels on the land.
? Licence is incidental to an interest and is:
? irrevocable
? enforceable against third parties, and
? assignable to a third party along with the property right to which it is incidental

Leases vs contractual licences Lease

versus

Cont. Licence

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