The granting of a licence does not confer an estate

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Unformatted text preview: ’? 33.11 When exercising a power of sale, is the mortgagee required to consider the interests of the mortgagor? Licence and lease distinguished It is necessary to distinguish between a licence and a lease in relation to land. A tenancy agreement creates an estate or an interest in land. Licence A licence has been defined as an authority to do something that would otherwise be illegal or wrongful—for example, to enter on to land in circumstances that, without a licence to do so, would constitute an act of trespass. The granting of a licence does not confer an estate or interest in the land; it is only a permission to use the property in a certain way. A gratuitous licence may be revoked by notice of either party and is not assignable—that is, the rights cannot be transferred to another person. C06 Compare a lease of real property with a licence business tip Purchaser with possession before final settlement—lessee or licensee? A purchaser of a house who obtains possession before final settlement usually enters into possession under l...
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This document was uploaded on 04/23/2012.

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