W301 UNIT 17: LICENCES

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Casos de uso

Sobre

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.

Termos e condições

Quando usar este modelo

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.

Como usar este modelo

Passo 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.

Passo 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.

Passo 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.

Perguntas frequentes

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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