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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
lease of real
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
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This document was uploaded on 04/23/2012.
- Three '12