W301 UNIT 17: LICENCES

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W301 UNIT 17: LICENCES is a law mind map template designed for students and legal professionals studying land law. It covers 157 nodes across 6 major branches including 'Bare licences', 'Licence coupled with an interest', 'Licences and constructive trusts', 'Contractual licences', and 'Licences and proprietary estoppel'. The template defines a licence as permission to do something which would otherwise be trespass, distinguishing it from easements and leases. Key cases such as 'Street v Mountford [1985]' and 'Ashburn Anstalt v Arnold [1989]' are cited to illustrate the distinction between leases and licences. This W301 UNIT 17 LICENCES cheat sheet provides a structured overview of revocability, benefit and burden, and the role of constructive trusts and proprietary estoppel in land law.

Terms and Conditions

When to use this template

Law students preparing for exams or coursework.

Studying for a land law exam covering the distinction between leases and licences.

Solicitors and legal advisors in property law.

Advising a client on whether their occupation of property amounts to a lease or a licence.

Barristers and legal researchers.

Researching the impact of proprietary estoppel on land rights for a case involving informal promises.

How to use this template

Step 1

Open and Explore the Legal Framework

Launch the .xmind file to navigate the six major branches covering everything from bare licences to proprietary estoppel.

Step 2

Analyze Key Cases and Legal Principles

Review the 157 nodes to study essential case law like Street v Mountford and distinguish licences from other land interests.

Step 3

Customize and Export Your Study Notes

Personalize the template with your own legal annotations before exporting the map as a PDF or image for revision.

Frequently asked questions

What is a bare licence in land law?

A bare licence is a permission granted without consideration, such as crossing a field. It can be revoked at any time, but the licensee must be given reasonable time to leave. It is personal and does not bind third parties.

How does a licence coupled with an interest differ from a bare licence?

A licence coupled with an interest, like a profit à prendre, is attached to a property right. It cannot be revoked while the interest continues, and both the benefit and burden pass with the interest.

Can a contractual licence bind a successor in title?

Generally, no. Contractual licences do not create proprietary interests and therefore cannot bind successive owners, as established in 'Errington v Errington [1952]' and 'Ashburn Anstalt v Arnold [1989]'.

What is the difference between a lease and a licence?

A lease grants exclusive possession for a term, while a licence merely grants permission to occupy. Key cases like 'Street v Mountford [1985]' and 'Antoniades v Villiers [1990]' help distinguish between the two.

What remedies are available under proprietary estoppel?

Courts may take a reliance-based approach (compensating for loss) or an expectation-based approach (fulfilling expectations). The remedy is the minimum necessary to do justice, as seen in 'Dillwyn v Llewellyn (1862)' and 'Pascoe v Turner [1979]'.

How does a constructive trust arise in the context of licences?

A constructive trust may be imposed when a purchaser takes land 'subject to' a contractual licence and their conscience is affected, e.g., by giving an assurance or paying a reduced price, per 'Binions v Evans [1972]' and 'Ashburn Anstalt v Arnold [1989]'.

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