LAND LAW SBAQS LICENCES – EXAM
QUESTIONS WITH VERIFIED
ANSWERS
What is important to remember about the 4 categories of licence? - Answer-That there are
no official categories but they can be grouped into the four types.
What 5 things need to be borne in mind when answering a scenario question of a type of
licence(s)? - Answer-1. type of licence
2. how is it created
3. enforceability
4. when does it terminate
5. third-party trespassers
6. successors in title
EASEMENTS AND PROFITS
What are the 2 key Law Comm Reports? In detail? - Answer-- Law Comm Consultation
Paper No. 186 'Easements, Covenants and Profits à prendre (2008)
- Law Comm Report No. 327 'Making Land Work: Easements, Covenants and Profits; (2011)
What is a profit à prendre? - Answer-A profit à prendre is a right to remove something from
another's land - for example, wood.
Example of profit (case) - Answer-The right to enter neighbouring land to fish: Barton v The
Church Commissioner for England 2008
What was the problem with the creation of profits by prescription said the law comm? and
what, then, should happen according to the law comm + which law comm (4 things) -
Answer-- "it is ... far less appropriate than prescription easements"- because acquiring a
profit is normally a commercial transaction.- so, profits should only created expressly- so as
to be more consistant and in line with commercial transactions.- Law Comm no. 327: Making
Land Work: Easements, Covenants and Profits 2011
How has the Prescription Act 1832 been criticised? - Answer-"one of the worst drafted Act
on the Statute Book" - 1966 Law Reform Committee
QUESTIONS WITH VERIFIED
ANSWERS
What is important to remember about the 4 categories of licence? - Answer-That there are
no official categories but they can be grouped into the four types.
What 5 things need to be borne in mind when answering a scenario question of a type of
licence(s)? - Answer-1. type of licence
2. how is it created
3. enforceability
4. when does it terminate
5. third-party trespassers
6. successors in title
EASEMENTS AND PROFITS
What are the 2 key Law Comm Reports? In detail? - Answer-- Law Comm Consultation
Paper No. 186 'Easements, Covenants and Profits à prendre (2008)
- Law Comm Report No. 327 'Making Land Work: Easements, Covenants and Profits; (2011)
What is a profit à prendre? - Answer-A profit à prendre is a right to remove something from
another's land - for example, wood.
Example of profit (case) - Answer-The right to enter neighbouring land to fish: Barton v The
Church Commissioner for England 2008
What was the problem with the creation of profits by prescription said the law comm? and
what, then, should happen according to the law comm + which law comm (4 things) -
Answer-- "it is ... far less appropriate than prescription easements"- because acquiring a
profit is normally a commercial transaction.- so, profits should only created expressly- so as
to be more consistant and in line with commercial transactions.- Law Comm no. 327: Making
Land Work: Easements, Covenants and Profits 2011
How has the Prescription Act 1832 been criticised? - Answer-"one of the worst drafted Act
on the Statute Book" - 1966 Law Reform Committee
