Lec 7 – Licences
Main characteristics of licences
Personal rather than proprietary - a personal permission to go onto and/or use land which
would otherwise amount to a trespass
No formal requirements for grant of a licence
Licensor = person who grants the licence
Licensee = person who has the benefit of the licence
Types of licences
Bare licences
Simply gives permission to licensee to enter and remain on land for as long as licensor
permits
No consideration is paid so it is gratuitous
The licensor can revoke (terminate) the licence whenever they want, with immediate effect,
subject to giving the licensee a reasonable time to leave the land (‘packing up’ period) -
Winter Garden Theatre Ltd v Millennium Productions Ltd [1948] AC 173
Licences coupled with an interest
Landowner grants a right to someone to take something from their land (eg, wood, fish) (a
profit a pendre) with an accompanying, incidental licence to come onto the land for that
purpose
The licence lasts as long as the right; it can be revoked once the interest ends.
Contractual licences
Licence granted pursuant to a contractual agreement, ie, to enter onto/use land in return for
consideration
Can be express or implied
Tanner v Tanner [1975] 1 WLR 1346 – contractual licence inferred where woman gave up
protected tenancy to move into partner’s home and care for their children. Lord Denning MR said
that the court could infer a contract that she should remain in the property as long as the children
were of school age and required accommodation.
Licence cannot be revoked during the contractual period
Verral v. Great Yarmouth BC [1981] QB 202 – contract by Council to allow use of hall by
National Front for a 2-day conference. Labour Party subsequently had Council majority and
sought to revoke NF’s licence. Court upheld the contractual licence which could not be revoked
and was specifically enforceable.
Can contractual licences bind third parties?
How has the law developed the concept of contractual licences?
King v. David Allen [1916] 2 AC 54 – orthodox view: contract between King and DA purely
personal and could not bind a third party purchaser so King (licensor) was liable in damages;
contractual licences do not amount to proprietary rights.
Errington v. Errington & Woods [1952] I KB 290: family context - a contractual licence
‘supported by an equity’ (Lord Denning) which could bind a transferee
Main characteristics of licences
Personal rather than proprietary - a personal permission to go onto and/or use land which
would otherwise amount to a trespass
No formal requirements for grant of a licence
Licensor = person who grants the licence
Licensee = person who has the benefit of the licence
Types of licences
Bare licences
Simply gives permission to licensee to enter and remain on land for as long as licensor
permits
No consideration is paid so it is gratuitous
The licensor can revoke (terminate) the licence whenever they want, with immediate effect,
subject to giving the licensee a reasonable time to leave the land (‘packing up’ period) -
Winter Garden Theatre Ltd v Millennium Productions Ltd [1948] AC 173
Licences coupled with an interest
Landowner grants a right to someone to take something from their land (eg, wood, fish) (a
profit a pendre) with an accompanying, incidental licence to come onto the land for that
purpose
The licence lasts as long as the right; it can be revoked once the interest ends.
Contractual licences
Licence granted pursuant to a contractual agreement, ie, to enter onto/use land in return for
consideration
Can be express or implied
Tanner v Tanner [1975] 1 WLR 1346 – contractual licence inferred where woman gave up
protected tenancy to move into partner’s home and care for their children. Lord Denning MR said
that the court could infer a contract that she should remain in the property as long as the children
were of school age and required accommodation.
Licence cannot be revoked during the contractual period
Verral v. Great Yarmouth BC [1981] QB 202 – contract by Council to allow use of hall by
National Front for a 2-day conference. Labour Party subsequently had Council majority and
sought to revoke NF’s licence. Court upheld the contractual licence which could not be revoked
and was specifically enforceable.
Can contractual licences bind third parties?
How has the law developed the concept of contractual licences?
King v. David Allen [1916] 2 AC 54 – orthodox view: contract between King and DA purely
personal and could not bind a third party purchaser so King (licensor) was liable in damages;
contractual licences do not amount to proprietary rights.
Errington v. Errington & Woods [1952] I KB 290: family context - a contractual licence
‘supported by an equity’ (Lord Denning) which could bind a transferee
