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
? 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:
? 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
Buy the full version of these notes or essay plans and more in our Property A Notes.