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Law Notes Property A Notes

Contractual Licences Notes

Updated Contractual Licences Notes

Property A Notes

Property A

Approximately 82 pages

These notes were used to achieve a High Distinction in Property A at Monash University, and include both policy and problem question notes. Be aware that at the time this exam was taken Property A was a closed book exam so these notes were used to study and memorise content. The notes cover all course content.

They include clear and easily usable exam problem structures including all relevant cases and legislation, as well as suggestions for likely policy subjects.

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The following is a more accessible 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 à 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
Property interest (estate) Not a property interest
Enforceable against the world Traditionally enforceable only against licensor
Right to exclusive possession Right to occupy the land
Must be of certain duration Of certain or uncertain duration

Wrongful revocation of licences

  • May be able to get a remedy for wrongful revocation of a contractual licence

  • Only damages available in CL

  • Equity may assist if the licensor wishes to stay on the land (ie get specific performance of the contract): in a way this has the effect of the K licence being irrevocable almost as if it is a property interest

  • Equitable remedies are discretionary and the court will consider the following discretionary factors before awarding

    • A court will consider the extent to which the continued...

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