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Words: | Submitted: Wed Sep 10 2003
... i.e. trespass. There are five categories of licence: Bare licence, licence coupled with equity, licence coupled with the grant of an interest, licence & estopppel and contractual licence. The category into which a licence falls has consequences in terms of both revocability and assignability. The distinction between a lease and a licence - however elusive - is a vital determinant of several legal issues. Lease - licence distinction derives an immediate significance from the fact that a lease normally confers a proprietary estate in land but never a licence.2 Only a tenant has an estate or interest in land, whereas a licence is a right personal to the licensee and cannot be assigned. (Grey). It's seen that not normally a tenant but a licensee, is subject to the 'short-cut' summary procedure for the recovery of possession. However, there is also a countervailing tendency in modern statute law to treat the contractual licence ...
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