Licenses Flashcards
(19 cards)
What is a lien?
A legal right that the lienholder has over another’s property, typically as security for a debt/obligation. It does not transfer ownership but allows the lienholder to retain possession or claim priority in repayment until the debt is discharged. (See also a lien for money’s worth).
Define a right of residence in relation to registered land.
RTA 1964, S.81: a right in the nature of a lien for money’s worth, personal to the beneficially entitled person, in or over the land. It doesn’t create any equitable estate in the land.
What is a license?
(Thomas v Sorrell) Permission to do something which would otherwise be unlawful. Most commonly allowing people to trespass.
Bare license
A license granted simply at the will and caprice of the grantor. E.g. a dinner guest—a social arrangement
What right does a bare licensee have?
A right to retreat: can be on the premises with the intention of leaving.
Lambert v Roberts
Drink driving. Lambert runs into his house before the police can breathalyse him. The police have no implied license to be on his property.
DPP v McMahon
Two police officers in a pub collecting evidence on the publicans use of a slot machine. Their evidence was inadmissable as they were granted an implied license for the enjoyment of the pub, not for gathering evidnce.
Snook v Mannion
Man shouts “fuck off” in breathalyser driveway situation. Held that the vulgar expletive was insufficient to revoke the license (English case).
S.7 Road Traffic Act 2010
Confers upon Gardai a right to be present on someone’s property for the purpose of taking a breath sample, but not into their dwelling house (Art. 40.5).
Earl of Macclesfield
Must give sufficient time to a bare licensee to leave the premises.
CIN Properties v Rawlins
Young people excluded from a shopping centre. They argue that it is a public space–could the SC bar individuals?
Is there a quasi-public space?
Court says no.
Appleby v UK
CIN Properties v Rawlins challenge brought to the ECHR. The EConvention does not create a right of freedom of movement. THere is, however, an optional protocol (the 4th protocol) which recognises the right of citizens to move on national territory. Ireland is a signatory, UK is not. Would this create quasi-public spaces in Ireland?
Wood v Leadbitter
Contractual licensees: Wood sues Leadbitter for battery at a race course. Defendant argues they were escorting Wood from the premises on which he was trespassing. Issue is whether Wood was there on an implied license (which could be revoked) or a contractual license (he paid to get in).
Court distinguishes between Wood’s position in contract and in land law. Landlord is simultaneously right and wrong. Wood was therefore entitled to damages only in contract, which allowed him to be refunded his entry ticket.
Hurst v Picture Theatres Ltd
The H Lords departs from the separation of land and contract in W v L.
Buckley LJ and Kennedy LJ depart from W v while Phillimore LJ dissents.
Hounslow v Twickenham
General rule now is that a contractual license cannot be revoked.
King v David Allen
Leading case on assignment of contractual licenses.
A wall on North Circular Road had been contracted to David Allen to allow him to erect advertisements on the it. King buys the wall and plans to build a cinema; doesn’t want David Allen to erect signage on the cinema wall.
Can the contractual license bind 3rd parties?
Held: No. Privity of contract. Otherwise would turn a contractual license into a species of land law, which is closed (Hill v Tupper). David Allen’s remedy is against the original licensor for breach of contract.
Errington v Errington
Lord Denning confuses the position on contractual licenses.
Young married couple who cannot afford a house. Father buys the house and the couple lives in it; if they pay him back, he will transfer the property to them. Marriage breaks down, Errington Jr leaves and his wife remains. Her mother in law (father died) tells her to leave and that her license is terminated. Cannot sue the father as he is dead, and contractual licenses do not confer third party effects.
Denning argues that Wood v Ledbetter is re-Judicature Act and that licenses are viewed differently post-Judicature (the Lords in Hurst did not think this to be the case). Overlooks King v DA. Fuses law of licenses with equity. Allows her to stay so long as she continues the monthly payments.
Binions v Evans
A property developer purchased an estate on which retired workers lived in cottages (under licenses with their former employer). Accepted a condition to leave them there on a reduced price. Then served Ms Evans notice to quit.
Evans entered no contract and her husband is deceased: two levels of privity to overcome.
Lord Denning likes upon the new model constructive trust. Holds that equity will not permit the use of property rights when that use it itself unconscionable. Having paid at a discount, Binions was bound by equity to respect the license.
Majority in Evans’ favour, but only Denning offered this rationale.
Ashburn v Arnold
Land is bought in the express knowledge that the previous landowner granted a license to a third party, Ashburn. Ashburn sues but the court holds that the conscience of the purchaser is unaffected, given that unlike Binions, they did not receive a bargain.
Law is therefore confused as to when licenses have third party effect. Errington and Binions have never been overturned but they are not currently in vogue.
