Licences (Methods to protect and enforce third party interests Core principles of land law)- FS Flashcards
(8 cards)
What is a license in the context of land law?
A license is a personal permission granted by a landowner (the licensor) to another person (the licensee) to use land for a specific purpose. It does not create a proprietary interest in the land.
How does a license differ from a lease in terms of rights conferred?
A license does not confer exclusive possession, whereas a lease typically grants the tenant exclusive occupation rights for a fixed term. A license is a personal, revocable permission, not an estate in land.
Is a license a proprietary right in land or a contractual right?
A license is a contractual right, not a proprietary one. It provides no estate or interest in the land and is generally non-transferable to third parties.
Can a license be registered at the land registry as a third-party interest?
Yes. While a license is a personal right, it can be registered as a third-party interest through the land registry, using a notice mechanism.
What form is used to register a license as a third-party interest on the land register?
The registration is done using Form UN1 – the unilateral notice form, which places a notice on the land’s title to alert others of the licensee’s interest.
What is the effect of placing a unilateral notice for a license on the land registry?
The unilateral notice provides public notification of the licensee’s personal right to use the land, offering some measure of protection against future dealings with the land that might undermine the license.
Why is a license classified as a personal right rather than a proprietary one?
Because it does not bind third parties in the same way as proprietary rights. It exists solely between the licensor and licensee and is revocable unless contractually agreed otherwise.
What is the significance of a license not granting exclusive possession of land?
The lack of exclusive possession means the licensee cannot exclude others, including the landowner, from the property. This is a key feature distinguishing it from a lease.
