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Distinguish between personal licences over land and proprietary interests in land. Show how this definition has been affected by the doctrine of proprietary estoppel. Illustrate your answer with examples from the case law.
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Distinguish between personal licences over land and proprietary interests in land. Show how this definition has been affected by the doctrine of proprietary estoppel. Illustrate your answer with examples from the case law. The potential proprietary status of a contractual licence has been a matter of dispute for a long time, with a case law history dating as far back as the nineteenth century1, and debates of the 1980's bringing a vigorous new lease of life to the subject2. The original principle that licences cannot be proprietary in nature, but are mere personal rights3 has been toyed with by the courts and academics for a number of decades, but now appears to be returning as orthodoxy. In this paper, we shall look at the development of the law over this period, and the return of the orthodox view. We shall base our discussions on the involvement of proprietary estoppel in the...
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