Introduction to Liscences - LAWS 205

Front

What type of interest in land does a liscencee have/not have and what does this mean?

Back

A liscencee has a personal interest in land, not a proprietary one. This means that the liscencee has a very limited amount of rights.

Front

Why does a licensee not have a proprietary interest in land?

Back

Under the property law Act 2007, the reason why a license is a personal not a proprietary interest in land, is because a license does not grant a licensee an estate or interest in land, like a proprietary interest would, in a joint tenancy for example.

Front

Who can grant a liscence?

Back

A liscnece can be granted by the occupier of land, not neccicarily the owner of the land. In other words, anyone that has a propreitary interest in the land (e.g. a leeseholder) can grant a liscence.

Front

What are Liscences and why is this?

Back

In the case of Baikie, the court held that a liscence is a permmsion that is granted by the occupier of the land to a liscencee for a specific purpose and for a limited duration that is set out within the terms of the liscence.

Front

What is the first right that a liscencee has?

Back

A liscencee has a right to be given a reasonable amount of time to vacate from the occupiers property, upon the occupier revoking the liscencees liscence.

Front

What is the second right that a liscencee has?

Back

The right to sue a third party for tresspass, if they lack a liscence like the liscencee.

Front

Liscences are very flimsy, but how can a liscence be 'strengthened'?

Back

If the liscence is supported by a contract, that can 's6trengthen' the liscence.