Licences (United Kingdom)
Expert-defined terms from the Advanced Certificate in Land Law (United Kingdom) course at London School of Planning and Management. Free to read, free to share, paired with a globally recognised certification pathway.
Licences (United Kingdom) #
Licences (United Kingdom)
Licences are legal permissions granted by a landowner to another party to use th… #
In the context of land law in the United Kingdom, a licence is a personal right that does not confer any interest in the land itself.
Types of Licences #
Types of Licences
There are two main types of licences in the United Kingdom: #
There are two main types of licences in the United Kingdom:
1. Express Licences #
These are explicitly granted by the landowner to the licensee, either orally or in writing. Express licences can be for a specific period of time or for a specific purpose.
2. Implied Licences #
These arise by implication from the conduct of the parties involved. For example, if a landowner allows someone to enter their land regularly without objection, an implied licence may be created.
Characteristics of Licences #
Characteristics of Licences
- Revocability: Licences are generally revocable at the will of the lando… #
- Revocability: Licences are generally revocable at the will of the landowner unless there is an agreement to the contrary.
- Personal: Licences are personal rights that do not bind successors in t… #
They are not capable of being assigned or transferred.
- Non-exclusive: Licences do not confer exclusive possession of the land… #
The landowner can still use the land themselves or grant other licences to different parties.
- Informal: Licences do not need to be in writing to be valid, although i… #
- Informal: Licences do not need to be in writing to be valid, although it is advisable to have written evidence to avoid disputes.
- Non-proprietary: Licences do not create any proprietary interest in the… #
The licensee does not have any ownership rights over the land.
Examples of Licences #
Examples of Licences
1 #
A ticket to attend a concert or sporting event is a form of licence granted by the event organizer to the ticket holder.
2 #
Permission to fish in a private lake or stream is a licence granted by the landowner to the fisherman.
Challenges with Licences #
Challenges with Licences
- Revocation: The landowner can revoke a licence at any time, which may c… #
- Revocation: The landowner can revoke a licence at any time, which may cause inconvenience to the licensee.
- Interference: If the landowner interferes with the licensee's enjoyment… #
- Interference: If the landowner interferes with the licensee's enjoyment of the land, the licensee may have limited legal recourse.
- Ambiguity: In cases where the terms of the licence are not clearly defi… #
- Ambiguity: In cases where the terms of the licence are not clearly defined, disputes may arise between the parties involved.
Termination of Licences #
Termination of Licences
Licences can be terminated in the following ways: #
Licences can be terminated in the following ways:
- Revocation: The landowner can revoke the licence at any time, provided… #
- Revocation: The landowner can revoke the licence at any time, provided they give reasonable notice to the licensee.
- Expiry: If the licence is granted for a specific period of time, it wil… #
- Expiry: If the licence is granted for a specific period of time, it will expire at the end of that period.
- Death: A licence is a personal right and will usually terminate upon th… #
- Death: A licence is a personal right and will usually terminate upon the death of either the landowner or the licensee.
- Assignment: If the landowner transfers the land to a new owner, the lic… #
- Assignment: If the landowner transfers the land to a new owner, the licence may be terminated unless the new owner agrees to honor it.
Effect of Licences on Third Parties #
Effect of Licences on Third Parties
Licences do not bind third parties who acquire an interest in the land #
For example, if the landowner sells the land to a new owner, the new owner is not bound by any licences granted by the previous owner unless they agree to honor them.
In conclusion, licences in the United Kingdom are important legal instruments th… #
They are personal rights that do not confer any interest in the land itself and are generally revocable at the will of the landowner. It is important for parties involved in licensing arrangements to clearly define the terms of the licence to avoid disputes in the future.