Problem analysis structure for dealing with scenarios involving arrangements
for use and occupation of another person’s land :
a) Is it a lease or a licence? Consider the basic requirements for a lease.
b) If it is a lease, what type of lease is it? Fixed term or periodic?
c) Is it a legal or equitable lease? Consider how it has been created andwhether the correct
formalities for the creation of a legal or equitablelease have been observed.
d) Is the lease/licence binding on successors in title to the originallandlord? This
follows on from the answers to questions
(a) and (c).
e) How can the lease be terminated? This will depend on the answer toquestion
(b) (and whether it is enforceable against a successor if relevant on the facts).
If it says diagram with house and road then its implied easement structure
Re Ellenborough Park – four characteristics necessary for a valid easement:
https://www.studocu.com/en-gb/document/university-of-law/land-law/workshop-8-easements-of-
land/22280003
Link above to for info on if easements is validly created
for use and occupation of another person’s land :
a) Is it a lease or a licence? Consider the basic requirements for a lease.
b) If it is a lease, what type of lease is it? Fixed term or periodic?
c) Is it a legal or equitable lease? Consider how it has been created andwhether the correct
formalities for the creation of a legal or equitablelease have been observed.
d) Is the lease/licence binding on successors in title to the originallandlord? This
follows on from the answers to questions
(a) and (c).
e) How can the lease be terminated? This will depend on the answer toquestion
(b) (and whether it is enforceable against a successor if relevant on the facts).
If it says diagram with house and road then its implied easement structure
Re Ellenborough Park – four characteristics necessary for a valid easement:
https://www.studocu.com/en-gb/document/university-of-law/land-law/workshop-8-easements-of-
land/22280003
Link above to for info on if easements is validly created
