Lease or Licence
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Full Time Coursework Assignment - Semester 1 Student Number: 0523961 Course Title: LLDip/CPE Module Title: Land Law Word Count: 2749 Essay Question "Since medieval times the criterion of exclusive possession has tended to mark off the boundary between the lease and the licence. In the residential context the conferment of a right of exclusive possession for a term has served, in all but exceptional circumstances, to denote the grant of a leasehold estate in the land." Discuss this statement, with reference to recent cases. Determining the distinction between a lease and a licence in relation to contractual agreements for the occupancy of land has historically been of great significance. This is primarily due to the obligations and consequences for both parties that arise from such agreements. Whilst the lease and the licence are distinct entities, identification as to whether an agreement is in reality a lease or a licence is not so obvious.1 This uncertainty...


