Nature of Licences A property owner may permit persons to enter his land on such terms as he sees fit. The person with the occupational interest, which depending on the circumstances, may be a freehold or leasehold owner, may generally give or revoke consent to enter and occupy land, as he wishes. In some cases, the nature of his interest […]
Proprietary Estoppel Proprietary estoppel, arises in the context of property rights, generally with reference to land and buildings, but also in the context of other types of property. It is wider in scope than promissory estoppel and is not necessarily limited to being a defence. Where an assurance is given in relation to property or property rights and the person […]
Rights by Will Rights of residence are relatively common in Ireland, compared to Britain. A right to reside may be created by deed. They are commonly granted by wills. Typically property is given to one family member (often a child), with the right of another, (commonly the deceased owner’s surviving spouse) to reside there typically for his life. Sometimes the […]
Distinction A lease is based on a contract between landlord and tenant but is a proprietary right, which may be enforced against their respective successors and creates rights to the land that hold good against all parties. In contrast, a licence is a contractual right between a landowner and a land user. It is usually revocable. In some circumstances, licences […]
Nature of Licence A licence is a permission, usually under a contract by which a person with title to or possession of property, permits another to occupy or use it. It may be a “bare” permission without any contract. In one sense, a licence is simply permission to do that which would otherwise constitute a trespass. Most licences have a […]