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Words: | Submitted: Mon Jun 19 2006
... law has given us. A licence can be defined as the permission which prevents one's act of entering another's land4 being trespass. Put simply, it is a way in which a person may enjoy some right or privilege over the land of another. The range of activities which can be covered by a licence is almost limitless, extending from permission to watch a film in a cinema5, to the running of a school6. A right is said to be a 'proprietary interest' if one crucial factor is evident: the right must bind third parties. The problem here, however, is the question "what binds third parties?" (the answer being "proprietary interests"!). The basis for confusion is obvious, and it is easy to see how the interpretation of common law principles has differed. Another essential characteristic to examine, therefore, is whether the interest can be passed on to another person. There is not ...
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