Licenses Exam Notes

Licence

A permission granted by an occupier of land, to a person to do something on that land that would otherwise be a trespass.

Bare Licence

A mere permission to enter, for some person, given gratuitously by the licensor in circumstances where there is no contract, estoppel or trust argument.

Licence coupled with an interest

Permission to enter land is coupled with the grant of a proprietary interest in the land or chattels

Contractual Licences

Given for valuable consideration and is therefore part of an enforceable contract.

Licences supported by estoppel

Where licensor is precluded by estoppel from revoking or otherwise jeopardising the licence.

Exclusive Possession

Holding the right to exclude other people from entering the property. For exclusive possession there needs to be a minimum, defined, finite term.